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DECARLO v. ARCHIE COMIC PUBLICATIONS, INC.

No. 00 Civ. 2344(LAK).

127 F.Supp.2d 497 (2001)

Daniel S. DECARLO, Plaintiff, v. ARCHIE COMIC PUBLICATIONS, INC., Defendant.

United States District Court, S.D. New York.

January 22, 2001.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., Sharron Ash, Landy & Seymour, New York City, for Plaintiff.

Leora Herrmann, Edmund J. Ferdinand, III, Grimes & Battersby, for Defendant.

MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiff Daniel S. DeCarlo long has drawn the She's Josie comic strip, including the characters Josie, Melody and Pepper, for defendant Archie Comic Publications, Inc. ("ACP") and been compensated on a flat per-page rate and by certain royalties. Now that ACP is embarked on much more extensive and lucrative commercialization of these characters, including...

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