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CLOSED HEARING SOUGHT FOR 'SPIDER-MAN' LAWSUIT.


Byline: Greg Hernandez Staff Writer

Sony Pictures Entertainment Inc., embroiled em·broil  
tr.v. em·broiled, em·broil·ing, em·broils
1. To involve in argument, contention, or hostile actions: "Avoid . . .
 in a legal tangle with Verb 1. tangle with - get involved in or with
get into

change state, turn - undergo a transformation or a change of position or action; "We turned from Socialism to Capitalism"; "The people turned against the President when he stole the election"
 comic book comic book

Bound collection of comic strips, usually in chronological sequence, typically telling a single story or a series of different stories. The first true comic books were marketed in 1933 as giveaway advertising premiums.
 publisher Marvel Enterprises Inc. over ``Spider-Man'' merchandising rights, will seek to halt proceedings in 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 on Monday until the case can be sent to a private judge.

Marvel filed suit against Sony in February over a licensing deal the companies hammered out four years earlier in anticipation of the production of the ``Spider-Man'' feature film that went on to earn more than $400 million at the domestic box office last year.

In addition to the request for a private judge or binding arbitration, Sony is also asking that all records in the case be sealed, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 a series of motions set to be heard Monday by Judge Alexander Williams III.

``While there may be great public interest in seeing the 'Spider-Man' movies, there is hardly any public interest in learning the details of a licensing dispute between two private parties,'' Sony stated in court papers filed last month. ``Only competitors and negotiating adversaries have such interests.''

The lawsuit was filed under seal, and neither company would comment on it Thursday. But legal experts said Sony's desire to keep the case out of the public eye is no surprise.

``When you go in front of judge, it is much more difficult to be able to keep information from public record,'' said Robert Lind, a Southwestern University For other places with the same name, see Southwestern University (disambiguation).
History
Prior to its founding in Georgetown, charters had been granted by the Legislature (Texas Congress 1836-1845) to establish four earlier educational institutions:
 School of Law professor specializing in entertainment and intellectual property. ``As a general rule, the numbers that are involved in terms of percentages and dollar figures are information that the parties would often not like to be made public.''

Sony and Marvel entered into a contract in February 1999 covering, among other things, the merchandising and licensing of the character ``Spider-Man'' and the financial benefits each would receive as a result of the release of the 2002 feature film. The 'Spider-Man' rights 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 prior to the agreement.

``In this particular case, the rights to the 'Spider-Man' character and storylines were very confusing, and the document trail went in very different and numerous directions,'' Lind said. ``It took quite a bit to be able to decipher Same as decrypt.  those rights to such an extent that Sony was able to make the 'Spider-Man' motion picture.''

In court records responding to Marvel's lawsuit, Sony stated that last fall it became concerned 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 that amount from certain payments owned to Marvel.

Sony also alleges that Marvel has initiated 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.  ``in an attempt to leverage Sony Pictures into renegotiation'' of the license agreement. The company charges that Marvel is attempting to accomplish the renegotiation by the threat of public disclosure of confidential business information.

In the 66-page lawsuit filed against Sony, Marvel asserts that the licensing agreement was ``induced by fraud'' and charges Sony of ``cross- promoting'' the character with other Sony feature films.

In a Feb. 25 public statement, Marvel said its complaint ``is not an attempt to stop the ``Spider-Man'' sequel slated for May 2004 release nor is it an attempt to change or upset any of the merchandising-licensing deals that are in place for the sequel.''

Marvel, which has a library of more than 4,700 proprietary characters, also stated that the litigation is not expected to have a negative impact on its financial results or on its guidance for 2003.

``A successful resolution of the matter would be anticipated to have a positive financial effect upon Marvel's future operations,'' the company stated.

``Spider-Man'' is based on a Marvel character created by artist Stan Lee For the fictional character of this name, see .

Stan Lee (born Stanley Martin Lieber on December 28, 1922[1]) is an American writer, editor, former Chairman of Marvel Comics, and memoirist.
. Last year, Lee filed suit against Marvel, seeking a bigger share of profits from a series of his characters to enjoy recent commercial success: ``Spider-Man,'' ``Daredevil'' and ``X-Men.'' ``The Incredible Hulk'' and a sequel to ``X-Men'' are among the summer blockbusters slated for release in the coming months.
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Title Annotation:Business
Publication:Daily News (Los Angeles, CA)
Geographic Code:1USA
Date:Apr 18, 2003
Words:671
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