'SPIDER' SUIT TO GO TO PRIVATE REFEREE SONY WINS ROUND IN MARVEL BATTLE.Byline: Greg Hernandez Staff Writer A Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. Superior Court judge on Tuesday ruled that a legal battle between Marvel The original code name for Microsoft Network. Enterprises Inc. and Sony Pictures Entertainment Inc. over ``Spider-Man'' merchandising merchandising Element of marketing concerned especially with the sale of goods and services to customers. One aspect of merchandising is advertising, which aims to capture the interest of the segment of the population most likely to buy the product. rights must be heard before a private judge, rejecting Marvel's motion for a public jury trial. The ruling by Judge Alexander Williams was a victory for Sony, which last month had suffered a setback setback In architecture, a steplike recession in the profile of a high-rise building. Usually dictated by building codes to allow sunlight to reach streets and lower floors, the building must take another step back from the street for every specified added height interval. in the case when the same judge denied a motion by Sony seeking to have the legal proceedings All actions that are authorized or sanctioned by law and instituted in a court or a tribunal for the acquisition of rights or the enforcement of remedies. sealed from the public and the press. On this issue, the judge sided with Sony ruling that the 1999 licensing deal negotiated between the two parties already stipulates that legal disputes be settled by a private judge. ``In our view, the judge followed the law and did what was appropriate,'' said Patricia Glaser, one of the attorneys representing Sony. ``Marvel is attempting to do everything it can to avoid the contract it negotiated.'' The two sides must now try and settle on a private judge and will return to court on June 27. If they cannot reach agreement by that time, the court will appoint the judge. ``We are confident in the strength of all of our claims and look forward to pursuing this case vigorously in the venue the court deems appropriate,'' Carole Handler A software routine that performs a particular task. It often refers to a routine that "handles" an exception of some kind, such as an error, but it can refer to mainstream processes as well. The term is typically used in operating systems and other system software. , a Marvel attorney, said in a statement. Marvel's suit stems from a licensing deal negotiated with Sony in anticipation of the production of ``Spider-Man,'' last year's box-office phenomenon, which grossed more than $400 million domestically. Marvel is seeking $50 million in damages, the rescission The abrogation of a contract, effective from its inception, thereby restoring the parties to the positions they would have occupied if no contract had ever been formed. By Agreement of the current licensing contract and an injunction against any further film or television of ``Spider-Man'' by Sony beyond the ``Spider-Man 2'' sequel currently in production. Sony and Marvel entered into a contract covering, among other things, the licensing and merchandising of the ``Spider-Man'' character. The agreement covered the financial benefits each company would receive as a result of the feature film, released in May 2002. Prior to the agreement, rights to ``Spider-Man'' had been tied up in litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. for many years. But Marvel claims that the licensing agreement was ``induced by fraud'' and accuses Sony of ``cross-promoting'' the character with other Sony feature films. Sony has stated in court records that it became concerned last fall that Marvel was using ``inappropriate accounting methods'' to deprive de·prive v. 1. To take something from someone or something. 2. To keep from possessing or enjoying something. Sony of its rights to at least $1.5 million in payments. Sony stated that it then withheld the disputed amount from certain payments owed to Marvel. Sony also alleges that Marvel initiated the current legal proceedings and the threat of public disclosure of confidential business information ``in an attempt to leverage Sony Pictures into re-negotiation'' of the license agreement. Greg Hernandez, (818) 713-3758 greg.hernandez(at)dailynews.com |
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