newsarama article about the ashcan!

[muzzsucker]

http://forum.newsarama.com/showthread.php?t=123728

long article. some interesting stuff.

lets get some posts in the discussion so that rest of the comic book world know that the VIP book is NOT the real valiant

[StarBrand]

Wow. Thanks for posting this.

[muzzsucker]

the first few posts smell of plants for vip...those guys are too sneaky

[UnknownTales]

Looks like the Harbinger Hardcover might be the last Harbinger story they publish with the name on the front.
Ouch...

[superman-prime]

I have a headache now lol
Im betting they both come to somekind of arrangement the court costs are going to get out of hand sooner or later and cost years of time, and the HC will draw new breath to VALIANT theres more then enough money to go around is vip wrong probably but, its taken a few years to get to this point and i hope they dont fight it out for 5 more

[greg]

I'm IN!

[Daniel Jackson]

Looks like they've have been watching the board real close. Now they're upset because of the way we reacted to this latest news. Boo Hoo... what do they honestly expect?

[thePike]

Wow, some of this stuff does not bode well for VEI (and thus, for us either)...

one of the first actions by the newly formed Valiant Entertainment was to begin filing what are termed “oppositions” to VIP’s trademark applications with the U.S.P.T.O. (United States Patent and Trademark Office). Each trademark application and opposition is handled as a separate case, and several are currently being considered by examining officers, processes that could take up to several years to be completed and ruled upon.

And this (names slightly changed to confer understanding to those not 100% up-to-date):

(I) VEI proceeded to purchase the Acclaim assets “AS IS”, fully aware that those assets did NOT include the trademarks and that those trademarks were now the subject of applications owned by a third party; and

(II) VEI relied on those facts to secure a reduction of over $200,000 off the purchase price.

That, more than anything I've read so far, hurts them (VEI) the most... (assuming it's true).

Then there are lots of references to a meeting that never took place (allegedly). Lovitz, references this meeting a lot, and I'd give a good solid wooden nickel that the subject of that meeting (being non-disclosed and all) is about one company selling said rights to the other for lots of $$$.

[Daniel Jackson]

Wow, some of this stuff does not bode well for VEI (and thus, for us either)...

one of the first actions by the newly formed Valiant Entertainment was to begin filing what are termed “oppositions” to VIP’s trademark applications with the U.S.P.T.O. (United States Patent and Trademark Office). Each trademark application and opposition is handled as a separate case, and several are currently being considered by examining officers, processes that could take up to several years to be completed and ruled upon.

And this (names slightly changed to confer understanding to those not 100% up-to-date):

(I) VEI proceeded to purchase the Acclaim assets “AS IS”, fully aware that those assets did NOT include the trademarks and that those trademarks were now the subject of applications owned by a third party; and

(II) VEI relied on those facts to secure a reduction of over $200,000 off the purchase price.

That, more than anything I've read so far, hurts them (VEI) the most... (assuming it's true).

Then there are lots of references to a meeting that never took place (allegedly). Lovitz, references this meeting a lot, and I'd give a good solid wooden nickel that the subject of that meeting (being non-disclosed and all) is about one company selling siad rights to the other for lots of $$$.

If everything was as cut and dried as Lovitz is making everything sound during the time of the sale, then I imagine this would all be over with by now. I have a gut feeling there is a lot more to this then the way he is spinning it.

[X-O HoboJoe]

Wow, some of this stuff does not bode well for VEI (and thus, for us either)...

one of the first actions by the newly formed Valiant Entertainment was to begin filing what are termed “oppositions” to VIP’s trademark applications with the U.S.P.T.O. (United States Patent and Trademark Office). Each trademark application and opposition is handled as a separate case, and several are currently being considered by examining officers, processes that could take up to several years to be completed and ruled upon.

And this (names slightly changed to confer understanding to those not 100% up-to-date):

(I) VEI proceeded to purchase the Acclaim assets “AS IS”, fully aware that those assets did NOT include the trademarks and that those trademarks were now the subject of applications owned by a third party; and

(II) VEI relied on those facts to secure a reduction of over $200,000 off the purchase price.

That, more than anything I've read so far, hurts them (VEI) the most... (assuming it's true).

Then there are lots of references to a meeting that never took place (allegedly). Lovitz, references this meeting a lot, and I'd give a good solid wooden nickel that the subject of that meeting (being non-disclosed and all) is about one company selling siad rights to the other for lots of $$$.

If everything was as cut and dried as Lovitz is making everything sound during the time of the sale, then I imagine this would all be over with by now. I have a gut feeling there is a lot more to this then the way he is spinning it.

You'd spin it too if there were over a thousand people looking to hammer you in the nuts!

God . . . that's just sad . . .

[thePike]

If everything was as cut and dried as Lovitz is making everything sound during the time of the sale, then I imagine this would all be over with by now. I have a gut feeling there is a lot more to this then the way he is spinning it.

Agreed, however:

Most of the time with litigations is spent simply in waiting. The most heart warming fact that I picked up from the article (concerning VEI) is the fact that they did not show up at the meeting that Lovitz & VIP requested. I can come up with possible scenerios why they would not (which are not by any means conclusive, but perhaps indicitive of the real reasons):

-VEI knows what VIP is up too, and decided that it wasn't a game they were going to play in fashion with lawyers behind closed doors.

-VEI has a better strategy that they aren't revealing yet. They have some historical cases to cite in their defense, but thats not definitive in situations like this

-VEI (and I like this one the least) just isn't as good as we think they are (please don't take this as a bash, given what we know, I would prefer VEI to win, I'm just giving an attempt at objectivity)

The game is by no means over yet, however, this could potentially go on for years.

TimeWillTell - please feel free to chime in with that wisdom and insight of yours at any time...!

(as a side note, being that we're being watched by VIP's lawyers, I'm rather happy that one of the mods deleted my NAMbLA comment on the other thread. Apparently Lovitz takes things a little too seriously)

[Brother J]

Speaking of TimeWillTell, was it common knowledge that Walter was working with VEI? I probably missed some posts somewhere, but that was the first I ever heard that he was Senior Vice President and Publisher of VEI.

[magnusr]

What "appear" to Lovitz, with regards to Dino and posts on this site, is something I would never expect a lawyer to state publicly. Not even in private, actually. Totally unbelievable.

Also to state that his opponents make public misrepresentations is not a good prelude to any meeting. What Walter Black wrote is the simple truth.

He also looks like he's trying a red herring when he states "These applications were filed after I had conducted some basic research of the public records". We all know that the auction was when VIP started being interested.

To say that "Valiant Intellectual Properties has been working on this for years" is a bit funny considering the quality of the "ash-can".

Doesn't Lovitz care at all about his reputation?


What is Comic Central?

/Magnus

[X-O HoboJoe]

Sorry Mr. Lovitz but you're wrong. Dino is a blonde-haired kid who hangs out with Mexican midgets in Superman costumes. There's a picture of him somewhere on this website.

[thePike]

The more I read the article, the more I think it's a money play from VIP.

A chance for VIP to get get $$$ from VEI. If VIP wins in court, then VEI either has to make changes to Valiant (and thus kill our much-wanted return) or dish out beacoup dollars to buy the TM's from VIP.

[Daniel Jackson]

Speaking of TimeWillTell, was it common knowledge that Walter was working with VEI? I probably missed some posts somewhere, but that was the first I ever heard that he was Senior Vice President and Publisher of VEI.

I don't think anything official has ever been announced, but now that VIP is playing more games I guess he has to step into the limelight.

[betterthanezra]

What is Comic Central?

/Magnus

Comic Central is a comic shop that originated in Turlock CA by Thomas Jay & his wife.....if fact this is the shop I bought my comics from since the time the opened to the point that he closed the brick morter shop and went completly on-line. On-line was doing so well for him and the overhead of the shop was bring his business down considering this was when the crash happened in comics one can see that.

Years ago he sold his comic-central.com site to the companey in Florida that runs it now. I have asked for him to call me and I'm waiting for a responce.

I work in Turlock live 5 miles from Turlock and this just seems a little too wierd to me that they are somewhat connected to this in some way. Considering I'm responsible to finding this damn ashcan and that I bought comics from a shop called comic central in the past that this site originated from....Irony

-Brian

[betterthanezra]

Speaking of TimeWillTell, was it common knowledge that Walter was working with VEI? I probably missed some posts somewhere, but that was the first I ever heard that he was Senior Vice President and Publisher of VEI.

I don't think anything official has ever been announced, but now that VIP is playing more games I guess he has to step into the limelight.

There are some articals about the up-coming Harbinger HC that have included quotes from Walter that also said he was the publisher...

-Brian

[Daniel Jackson]

Speaking of TimeWillTell, was it common knowledge that Walter was working with VEI? I probably missed some posts somewhere, but that was the first I ever heard that he was Senior Vice President and Publisher of VEI.

I don't think anything official has ever been announced, but now that VIP is playing more games I guess he has to step into the limelight.

There are some articals about the up-coming Harbinger HC that have included quotes from Walter that also said he was the publisher...

-Brian

Yeah, I read something about the publishing part on the HC, but not the bit about Senior Vice President.

[Dr. Solar]

From my discussion of this article at the comicgeekspeak.com board:

Why would a company register some titles, while having NO ability to make the things made with that title resemble the original AT ALL? Imagine if DC stopped publishing "Action Comics". Someone else registers the trademark, but can't use it on anything resembling DC at all. What's the point?

Since any new material by VIP can't BY LAW have anything resembling the original stories, ideas, art, and characters published under that title, what is the point? A bunch of random titles? Since they have to come up with new stuff that has nothing to do with the original, why not come up with new names for it and avoid all this legal mess and lawyer fees in the first place? Any honest intentions by VIP do not make sense.

At best, VIP are just profiteers trying to make a buck off of people's confusion that they are creating. At worst, they are a bunch of jack@$$es. The two aren't mutually exclusive.

[StarBrand]

The more I read the article, the more I think it's a money play from VIP.

I can frankly think of no other possibilities than this being a money play. They're certainly not interested in publishing those bush league renditions of characters we saw in the ash can.

[greg]

If VIP wins in court, then VEI either has to make changes to Valiant (and thus kill our much-wanted return)

Those changes wouldn't kill anything.

Wouldn't you buy a comic called "HE LIVES FOREVER" about Gilad Anni-Padda, the (formerly known by the trademark) Eternal Warrior, brother to Aram "Armstrong", and the Fist & Steel throughout all the battles of history?

If the characters, stories, and images are all VALIANT, then it's VALIANT. (VEI owns all these.)

You can call it "THIS COMIC IS FOR SALE" and I'd still buy it. It's Gilad, baby!

[thePike]

Greg, you are so money!!!

[dimphoenix]

here are two posts from ku manchu that got deleted:


By harbinger15 at 2007-08-02


By harbinger15 at 2007-08-02

[siren3-4]

here are two posts that got deleted:



By harbinger15 at 2007-08-02

[/img]

By harbinger15 at 2007-08-02

Can't read the text . . . what got deleted ?