Last fall, Stan Lee's daughter J.C. filed suit against POW! Entertainment in an attempt to win back her father's intellectual property the company oversees. Five months later, POW! has now filed to dismiss the "grossly selfish" lawsuit. The next hearing in the lawsuit is expected to take place on February 24th, at which POW!'s team of attorneys has notified the federal court system's Central District of California it plans to officially motion to dismiss the suit.
Stan Lee helped launch POW! in 2001 and to this day, the company serves as the owner of Lee's non-Marvel intellectual property and likeness rights. J.C.'s lawsuit originally wasn't seeking any monetary damages, rather the acknowledgment Stan's intellectual property and likeness is owned by his trust instead of POW! Entertainment.
In the latest motion filed by POW! attorneys A. Raymond Hamrick III and Chaz C. Rainey, the defense calls the plaintiff's suit "fatally flawed" in which J.C. has "no standing to bring the claims." Rainey brings forth three major points to defend POW!'s stance on a dismissal. He suggests Lee's basis for the lawsuit relies on an agreement over 20 years old between the late Lee and Stan Lee Media, a now-defunct business.
Because of that, Rainey suggests J.C. had no standing to bring the claims as Stan Lee Media is no longer in business. Next, POW!'s defense claims any applicable statutes of limitation have passed in regards to the initial agreement, thus rendering any claims "fifteen years past due." Third, Rainey and his team point out five separate occasions in which the agreement J.C. bases her case on to be unenforceable by various courts in the United States, including in the Central District of California, where the lawsuit is taking place.
Prior to Lee's death, he had filed a similar suit against POW! seeking upwards of $1 billion in damages. That suit was subsequently dropped weeks later when the legendary comic icon went the length to offer a statement saying he was "thrilled to put the lawsuit behind me, get back to business with my friends and colleagues at POW! and launch the next wave of amazing characters and stories."
You can read the full lawsuit (via THR) here.
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