Marvel vs Kirby: Appellants' Opening Brief

This is the latest round in the Marvel Comics vs Jack Kirby's Estate court case - the official Opening Brief.  As we now know, Marvel won the case proper, but no sooner was the ink dry on the order than the Kirby estate appealed the decision.  As you'd expect, the appeal is based around the judge ignoring the evidence that the Kirby estate introduced, notably the testimony of Mark Evanier and John Morrow.  Marc Toberoff, the lawyer acting for the Kirby estate, wants the court to believe that Stan Lee is a totally unreliable witness, lacks credibility and his testimony should be stricken from the books.  The court is also to believe that Evanier and Morrow know more about the workings of Marvel during Jack Kirbys time than those who were actually there, such as Larry Lieber, John Romita and Roy Thomas - something that the court has already stated it can't do.  Even more disturbing is an allegation that Stan Lee threatened the livelihood of his brother, Larry Lieber, by insinuating that Lieber might lose his job penciling the daily Spider-Man strip if he (Lieber) didn't provide favourable testimony for Marvel.  Not good.  There's a lot more that Toberoff wants the court to believe, 'facts' such as the financial risk for creating wasn't on the publisher, but rather Jack Kirby, and that Marvel had no legal right to publish Kirbys work.  It's a long shot, as all appeals are, but time will see what comes of it.

You can read the appeal brief below, but, be warned, it's lengthy as all such briefs are.  I expect that Toberoff and the Kirby estate have been watching the recent Gary Friedrich case both with great interest and a bit of trepidation.  If they decide to keep fighting and lose again, there'll be nothing to stop Marvel from counter-suing and asking for costs and damages, but with the extremely negative publicity that Marvel now have via that law-suits outcome, it remains to be seen if they can take the massive hit that would come from demanding money from the family of it's greatest creator.


Popular posts from this blog


Yogi Bear's Sexuality Explained

We Made The Washington Post!

Previous Posts!

Show more