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Mysterious Lawyer Is at Center of Suit Against Counsel To 'Superman' Heirs
Given that the story lines played out in Superman comic books are full of shadowy figures with dark motivations, it seems fitting that the real world legal fight over who owns the rights to the Man of Steel would feature such a character in a pivotal role. Call him The Vanisher. On May 14, in what The New York Times labeled “an aggressive move to defend its 'Superman' franchise,” Warner Bros. sued Marc Toberoff, the lawyer for the comic icon's co-creators' families, in federal court in Los Angeles, accusing him of engaging in a “scheme” to “enrich himself” by trying to wrongfully seize control of a substantial chunk of the Superman property.
In its 56-page complaint (see, http://amlawdaily.typepad.com/files/supermancomplaint.pdf), Warner Bros., represented by O'Melveny & Myers partner Daniel Petrocelli, alleges that Toberoff “orchestrated a web of collusive agreements concerning the Superman copyrights with the heirs to the co-creators of Superman, Jerome Siegel and Joseph Shuster,” that, as the Los Angeles Times reported it, “caused the families to repudiate their agreements with DC Comics in a bid to recapture the copyright to the character.”
Toberoff's reaction? “This frivolous complaint severely underestimates the intelligence of the federal judiciary,” he says. At the same time, Toberoff suggests, his formal response to the suit could have serious consequences for The Vanisher, whose identity he has until now been content to keep secret.
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