Warner Bros. has yet again successfully defended its ownership of “Superman” rights after a judge denied a request to halt the upcoming “Superman” film over a copyright dispute involving the character’s foreign rights.
The previous Superman lawsuit over copyright claims was effectively dismissed in federal court in April, however a new lawsuit in New York state court filed by Marc Toberoff on behalf of the plaintiff, Mark Warren Peary (executor of Superman co-creator Joseph Shuster’s estate), requested a preliminary injunction to block Warner Bros. from releasing the film in in the United Kingdom, Ireland, Australia, and Canada.
In a ruling last week, Judge Robert R. Reed denied the motion, ruling that Peary failed to demonstrate likelihood of success or irreparable harm.
“Plaintiff has never had any direct involvement with Superman’s exploitation,” Reed wrote. “Plaintiff did not create Superman, and plaintiff concedes that DC owns all US rights in Superman such that he never could have fully prevented DC from making any derivative work. With respect to the element of likelihood of success on the merits, plaintiff also fails to make the required showing.”
“We are pleased with the Court’s decision to deny the plaintiff’s motion for a preliminary injunction and are thrilled that audiences worldwide will enjoy the Superman film this summer,” a WBD Spokesperson said in a statement to The Wrap.
This latest lawsuit is far from the only one the Superman co-creator’s estate has sought in years past. The first litigation regarding rights to DC Comics’ most recognizable hero dates all the way back to 1947.
Both WBD and DC Comics have a lot riding on the success of the film as it’s the first step in a new shared universe after Gunn and Peter Safran were brought in to helm DC Studios and start a new slate of films and TV using the company’s comic book roster.
“Superman” releases July 11 and stars David Corenswet as Superman/Clark Kent. He’s joined by Rachel Brosnahan as Lois Lane, Nicholas Hoult as Lex Luthor and María Gabriela de Faría as The Engineer. Other famous DC Comics superheroes appearing in the film are Nathan Fillion as Guy Gardener and Edi Gathegi as Mr. Terrific.
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