Assignment 4-1

John Stacks, a semi-disabled contractor in Bradenton, Florida, is being sued by the creator of Batman. Stacks has been selling resin figures of Batman, Robin, Batgirl, the Joker, Catwoman, the Riddler, and King Tut, all figures from the 1960’s television show, without the authorization of the creator, DC Comics (Silvestrini, 2009, para 4). The creator had previously asked that Stacks cease making the figures because the he is violating copyright and trademark laws by selling the resin figures. Stacks has been selling the resin figures, in full costume, on his website, johnnysresin.com, for anywhere from $70 to $150 a piece (Silvestrini, 2009, para 4). The defense for Stacks is that he has contracts with the actors from the television show as well as the person who has rights to the costumes used in the television show, and therefore the costumes used in the creation of the resin figurines. Frank Gorshin, who played The Riddler in the series, and Burt Ward, who played Robin, happen to be friends with Stacks and he produces websites for the two actors (Silvestrini, 2009, para 12).

My take on it is this: the only other person John Stacks would need to have a contract with is the producers or writers of the television show itself. If the creators of Batman were to go after everyone who sold anything with Batman on it, there would be millions of lawsuits. Stacks even has a disclaimer on his website, stating all kits are sold to portray the actors of the television series, not the characters owned by DC Comics, and the sales and figurines are not an intention to infringe on any copyrights, characters or trademarks owned by DC Comics (Silvestrini, 2009, para 14). If Stacks can secure a contract with those in charge of the television show, he should be in the clear. This is just a case of DC Comics being greedy; they state Stacks' business is cutting into its lucrative profits, although Stacks says he hasn't made enough money selling the figures to offset the costs of the molds he uses (Silvestrini, 2009, para 7, 15).

Reference

Silvestrini, E. (2009). Pow! Battle over 'Batman' figurines now a federal case. Tampa Tribune.

Retrieved July 20, 2009, from Newspaper Source database.