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MARVEL WORLDWIDE, INC. v. KIRBY

No. 10 Civ. 141 (CM)(KNF).

756 F.Supp.2d 461 (2010)

MARVEL WORLDWIDE, INC., Marvel Characters, Inc. and MVL Rights, LLC, Plaintiffs, v. Lisa R. KIRBY, Barbara J. Kirby, Neal L. Kirby and Susan M. Kirby, Defendants. Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby and Susan M. Kirby, Counterclaim-Plaintiffs, v. Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, Marvel Entertainment, Inc., The Walt Disney Company, and Does 1 through 10, Counterclaim-Defendants.

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

November 22, 2010.

Attorney(s) appearing for the Case

David Fleischer, Haynes and Boone, LLP, Randi Wolkenbreit Singer, Robert Bruce Rich, Weil, Gotshal & Manges LLP, Jodi Aileen Kleinick, Paul, Hastings, Janofsky & Walker LLP, New York, NY, for Plaintiffs.

Marc Toberoff, Law Offices of Marc Toberoff, PLC, Los Angeles, CA, for Defendants and Counterclaim-Plaintiffs.

James W. Quinn, Weil, Gotshal & Manges LLP, New York, NY, Plaintiffs and Counterclaim-Defendants.

DECISION AND ORDER GRANTING IN PART AND DENYING IN PART COUNTERCLAIM-DEFENDANTS' MOTION TO DISMISS

McMAHON, District Judge.

Plaintiffs Marvel Worldwide, Inc., Marvel Characters, Inc., and MVL Rights, LLC (collectively "Marvel") commenced this action seeking declaratory relief as to the work-for-hire status of the comic-book stories and characters created by Jack Kirby. In response, Defendants/Counterclaim-Plaintiffs Lisa R. Kirby, Barbara J. Kirby, Neal...

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