Sued For Trademark Infringment Of Tarzan & John Carter

John-Carter-of-Mars-Disney

Edgar Rice Burroughs authored his works of Tarzan and John Carter in the early twentieth century; many of his literary works have slipped into the public domain. Dynamite Entertainment, the makers of pornographic comic books based on works by Edgar Rice Burroughs, are being sued by his heirs. There really isn’t any doubt that the comic books are based on his works. Dynamite admitted in press releases that their work is based on ERB’s and that they would attempt to remain as true as possible to the original works. Additionally, the inside covers of the comic books state that they are based on works by Burroughs.

The suit filed by Burroughs’ heirs is based on claims of trademark infringement and unfair competition of several of Burroughs’ trademarks. They claim that the Dynamite titles are confusingly similar to “Tarzan” and “John Carter of Mars” which are still protected marks. Counsel for Burroughs’ heirs has stated that Dynamite’s title create the impression that the comic books are associated, approved, or licensed by Burroughs.

Will they be successful in protecting Burroughs’ works without copyright protection?

To see the full Reuters article click here.

-Wallace Rejrat

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