Montreal-based comic book company Horizon Comics and its founders Ben and Raymond Lai are suing Disney and Marvel Entertainment, alleging in their lawsuit that Marvel has repeatedly stolen their creations on several occasions in the Iron Man, The ant Man, and Avengers movies. The lawsuit alleges that the designs were used without consent or compensation to Horizon Comics and the Lais, with the plaintiffs seeking to “put an end to this willful and persistent violation and order the defendants to pay compensatory and punitive damages to the plaintiff,” in addition to Horizon’s fees, including attorney-client fees “per share (via CTV News).
The drawings in question come from the three volumes Based series published by Image Comics from December 2001 to April 2002. Following the trial, after the success of the Based series, CB Cebulski, now editor-in-chief of Marvel, sought to hire the Lai brothers to work as artists for Marvel based on the series, but they refused. Then, the Massachusetts Institute of Technology (MIT) copied illustrations for a research grant to the Institute for Soldier Technology in 2002. MIT issued a public apology for using the illustrations without consent, but depending on the costume, afterwards. incident, Marvel contacted the Lai brothers again and in 2002 they agreed, working on Thor and X Men comics.
“We have started Based in 1995 with the aim of creating something unique. It was with Based that we have become known and recognized in the American comic book industry. We made a name for ourselves. It has allowed us to work everywhere, including Marvel, ”the Lai brothers said in a statement.
The statement continued, “MIT (Massachusetts Institute of Technology) copied one of the Based characters in 2002 to get a $ 50 million grant, we decided not to sue because they publicly apologized and admitted their mistake. But with Marvel, it’s a repeat. After years of litigation in the United States and substantial sums, they continue to copy our characters. This causes us significant damage and affects our ability to make a living as artists. It is clear that we cannot accept this repeated behavior. The only way to make it right was to file these proceedings. “
As for the drawings that Horizon Comics and the Lai Brothers allege that Marvel stole, the Iron man 3 costume which, according to the lawsuit, is “surprisingly similar to the costume worn by a Caliban, one of the characters depicted in Horizon’s Works Radix 1. It should be noted that Horizon Comics brought an action against Marvel in 2013, which was partially dismissed, but was allowed to sue regarding the design of the poster for the film. However, Marvel won that lawsuit in 2019 with Judge J. virtually no evidence on the record “to indicate that the persons involved in the Iron man 3 the poster design would have seen the Caliban drawing.
In this new Canadian lawsuit, Horizon argues that Marvel continued to infringe their designs, particularly with the appearance of Iron Man in Avengers: Infinity War, and also claims the offense between Ant-Man and the Wasp character design and military character design in Horizon Radix 2.
“Neither Horizon nor the Lai brothers have provided any form of consent, express or implied, for the reproduction of their works,” the lawsuit reads. On the contrary, Horizon had previously taken full legal action in the United States to assert its rights in part of the Works. After this first legal claim, Marvel infringed Horizon’s copyright in yet another way. more blatant. “
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