Marvel finally beats a lawsuit over the IronMan3 poster
upon the judge's conclusion that the works at least shared a similarity in their "total concept or feel."Now comes the big decision.gathered substantial interest in the comic book industry when it came out and that at least a half dozen current Marvel employees were aware of the comic book.
The Lai brothers may have enjoyed some sort of relationship with Marvel employees, but on the issue of access, the judge writes, "there is virtually no evidence in the record that shows any one of these individuals either would have seen the Caliban Drawing or would have been involved in thePoster design, let alone both. Horizon’s arguments that these individuals could provide an access nexus is founded on nothing more than speculation.
Horizon still could have gotten the case to trial, but it then needed to show an inference of copying through the similarity of the works. Specifically, Horizon argued the two works were "strikingly similar," with reliance on an expert report discussing anatomical structures, faces and heads, and camera views.
The judge responds that the expert report is "equivocating" on some of the noteworthy similarities by addressing features on careful viewing and not going quite so far to rule out any reasonable possibility of independent creation. Plus, the judge adds, "there remain enough differences between the two works," nodding to Marvel's pointing out differences in pose, differing placement of blue lights, and significantly different overall coloring.
Finally, the judge writes, "In contrast to Horizon’s virtually non-existent evidence of copying, Marvel has introduced unrebutted evidence showing its independent creation of the
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