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GARY FRIEDRICH ENTERPRISES v. MARVEL ENTERPRISES

No. 08 Civ. 1533(KBF)(JCF).

837 F.Supp.2d 337 (2011)

GARY FRIEDRICH ENTERPRISES, LLC, et al., Plaintiffs, v. MARVEL ENTERPRISES, INC., et al., Defendants.

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

December 28, 2011.

Attorney(s) appearing for the Case

Charles Kramer, Daniel N. Bloom, Joseph D. Schneider, Nelson L. Mitten, Riezman Berger, P.C., St. Louis, MO, Dawn Kamadulski O'Leary, Eric W. Evans, J. Thomas Long, Roth Evans P.C., Granite City, IL, Leonard Frederick Lesser, Simon Lesser P.C., New York, NY, for Plaintiffs.

David Fleischer, Jodi Aileen Kleinick, Haynes and Boone, LLP, Jodi Aileen Kleinick, Paul Hastings LLP, New York, NY, for Defendants.

MEMORANDUM OPINION & ORDER

KATHERINE B. FORREST, District Judge:

The Ghost Rider has been an iconic character for several decades. He has appeared in numerous comic books, movies, video games, toys and other specialty items. The first phase of the instant lawsuit, commenced in 2007 by plaintiffs Gary Friedrich Enterprises, LLC and Gary Friedrich ("Friedrich," and collectively with the LLC, "Plaintiffs"), comes down to one determinative question...

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