Kirby Heirs Move Fight To Marvel’s Turf
The epic battle over the rights to characters Jack Kirby created for Marvel has changed venues. The opening salvo in the case was initially filed in the Southern District of New York, with Marvel asking the court to confirm Disney’s ownership of comic book characters Jack Kirby either created or co-created such as the Incredible Hulk, the Fantastic Four, Thor and the X-Men. The Kirby estate replied in the Central District of California. Last Tuesday, the Kirby estate filed notice of dismissal of their complaint in California, and appears to be focusing all its efforts in the New York courts instead.
The New York Times is reporting:
Marc Toberoff, a lawyer who represents the family, did not immediately respond to a query about the dismissal.
But the legal battle continues to rage in New York, where the Kirbys in April filed a 29-page response to Marvel, and a counterclaim that insists on their right to terminate the copyrights, on the return of some Kirby artwork said to be in Marvel’s possession and on damages yet to be determined.