This is an update on the story where we reported on the legal situation concerning Marvel’s Mystery Men.
Since that last story, it is also being reported that Flaming Carrot / Mysterymen creator is stating that:
Universal has acquired the rights to all the Burden Mystery Men characters used in the movie, while he retained the rights to all the Mystery Men characters that didn’t appear in the 1999 movie.
Perhaps I’m looking into the words too much, but the above seems to relate to the characters that comprise Burden’s Mystery Men / Mysterymen. The “name” Mystery Men would be a different beast I think. Also, in that same report when Dynamite was approached for comment on how this impacts their Super Mystery Men claim (from Alex Ross’ Project Superpowers), President / Chief Executive Officer Nick Barucci was quoted as saying: “Unfortunately, I cannot comment at this time.”
Interesting times ahead.
Anyhow, I did more digging today on all his business. Some of the claims being bandied about the internet can not be substantiated online using U.S. Federal Government databases with Trademark and Copyright information.
U.S. Trademark Search
An online review of U.S. Trademarks has shown no Trademark by DC Comics for “Mystery Men Comics”.
However, the rumour that DC had planned for a Mystery Men series as part of their FLASHPOINT event could put into play their interest in the name (but perhaps not a true legal claim). We’ll have to wait to see what DC says on this.
In addition, a Trademark was found that shows Marvel has a claim on “Mystery Men”. Their application was filed on August 2009 and was published for opposition on January 5, 2010 (over 1 year ago). They announced their Mystery Men project on February 1, 2011 – one and a half years after Marvel started the Trademark process.
No trademark was found for Bob Burden, of Flaming Carrot, for his “Mysterymen” or “Mystery Men”. If someone has a copy of documents that relate to this, feel free to share with me. :)
No trademark was found for Alex Ross Project Superpowers’ “Super Mystery Men”.
U.S. Copyright Search
A U.S. Copyright Search of records after 1978 (as pre-1978 are not readily available online) does not appear to have any copyright for Mystery Men or Mysterymen or Super Mystery Men by Marvel, DC, Bob Burden or Alex Ross / Dynamite. Again, if someone has documents that relate to any related copyright claim, I am an available reciever of said info. :)
However, the only Copyrights that may get tangled into all this may involve the several Copyright claims by Universal Studios and other partners related, it appears, the Mystery Men movie which has some kind of relationship with Bob Burden’s Mysterymen.
Caveat
I am not a copyright/trademark/patent/entertainment lawyer so take this research as additional, but not the only, facts on this matter.
My layperson assessement would be that Marvel seems to be sitting pretty on publishing a Mystery Men comic book unless Bob Burden has a U.S. Trademark or Copyright recorded online by the U.S. Federal Government (or a pre-1978 Trademark that is not available online).
However, Marvel may have an issue doing a Mystery Men movie based on Universal’s Copyright(s). However, I welcome any more informed legal feedback on what the facts I have presented could also mean and what case law exists that could inform this matter.
Also, contrary to earlier reports, Marvel’s Mystery Men teaser ad DOES have both a (C) and TM visible at the bottom of the image that reads: “TM & (C) Marvel Characters Inc. All rights reserved”. Now, typically the (C) and the TM are around the name / title of a book not presented in such a way. So, I’m so not sure if that is any insight into the validity of their claim on the “Mystery Men” name or the characters to be portrayed in said book or whether by releasing a teaser they are trying to strengthen any claim to the Mystery Men name.
