TURNER SUES TOP COW

**MattBrady** · 06-09-2003, 07:51 PM

Press Release

On May 2nd, 2003, Michael Turner filed a federal lawsuit against Top Cow Productions Inc., Turner v. Top Cow Productions, Inc., U.S. Dist. Ct., Cent. Dist. Calif. 03-3118. The complaint seeks to recover damages arising from the infringement of Turner's trademark "FATHOM", to enjoin Top Cow's future infringement of such trademark, and to recover monies owed to Turner under his contract with Top Cow. Turner filed the lawsuit in light of the deterioration of the relationship between Turner and Top Cow and the threats of litigation being made by Top Cow. The complaint was amended at the end of May to enjoin Top Cow's intentional interference with Turner and Aspen MLT, Inc.’s prospective business advantage when Turner learned that Top Cow was threatening Aspen's printers and distributors with litigation in order to discourage them from doing business with Turner and Aspen, according to the complaint. A copy of the First Amended Complaint can be found at www.aspencomics.com.

While the lawsuit is still ongoing, the intent of this press release is to clear up some questions and inconsistencies that have been floating around many message boards and the comic book industry as of late.

Michael Turner is the sole owner of a federally registered trademark for "FATHOM": Trademark Reg. No. 2,237,836. A copy of such registration can be found at www.aspencomics.com.

In August of 1997, Turner entered into a license agreement with Top Cow for use of Turner's creator-owned work, Fathom. Such agreement provided that Turner owned Fathom and granted Top Cow an exclusive license to produce and distribute Fathom-related works during the term of the agreement. The agreement expired no later than August of 2002, after which time Top Cow was not authorized to distribute further Fathom products.

When Turner left Top Cow at the end of 2002, he did so on good terms and began preparations to form his new company. Such preparations included meeting with Diamond Comic Distributors, Inc. regarding the distribution of books created by Aspen, forming the corporation and beginning the creative process on the new Fathom books, plus Soulfire and Ekos. The first solicitation for such books premiered in the Diamond Previews Catalog Vol. XIII #4, which went on sale Wednesday, March 26th, 2003.

On Friday March 28th, 2003, Turner received a letter from Top Cow’s counsel alleging Top Cow's ownership of Fathom, Ekos, Soulfire and Turner’s next creative work. Demand was made that Turner immediately stop the production of all Fathom, Ekos and Soulfire related titles.

Throughout the next few weeks, Turner and Top Cow exchanged letters regarding these issues that culminated in Turner filing the federal lawsuit on May 2nd, 2003 to protect his rights.

Turner continued to prepare to distribute his books and only learned on Wednesday, May 28th, 2003 that the books (beginning with Michael Turner Presents: Aspen #1) would not be distributed by Diamond.

Turner has created and Aspen has provided copies of Michael Turner Presents: Aspen #1 to printers and Diamond. The books are 100% completed and ready to ship; this is not a case of an artist failing to draw the books.

Aspen tried to work with Diamond to distribute the books, including providing written assurances regarding ownership and proposing a compromise whereby Diamond would distribute the books but hold the profits in an escrow account until the “ownership issues” were resolved. Top Cow was unreceptive to such a compromise and Diamond was therefore, unwilling to take the risk of distributing the books.

Turner and Aspen greatly appreciate all the support that they have received from everyone, especially the fans. Aspen’s number one goal continues to be creating the highest quality and most entertaining comic books available and getting them out quickly to the fans and retailers.

Turner and Aspen are committed to resolving these issues raised by the lawsuit in as timely a fashion as possible, while still preserving Turner's and Aspen’s legally protected rights.

On June 2nd, Top Cow's Matt Hawkins posted the following statement on Top Cow's messageboard:

Michael Turner left Top Cow in December 2002. On May 2, 2003, Michael Turner filed a federal lawsuit against Top Cow. On May 29, 2003, Turner filed a First Amended Complaint. Top Cow has not responded to the lawsuit but is currently working on a response. Turner sued Top Cow for selling Top Cow's inventory of Fathom merchandise that were created and manufactured while Turner was at Top Cow. Typically, distributors take a "hands-off" approach and will not distribute any merchandise until the parties or the court resolves the dispute. In this case, the distributor will not distribute any Fathom/Aspen merchandise for Turner (Aspen, MLT) or Top Cow until the dispute is resolved.

**MattBrady** · 06-09-2003, 08:03 PM

OMAR - your post was inappropriate and offensive, not only personally offensive to Turner, but to anyone who has ever suffered with a life threatening disease. Don't do it again.

MattB

KingStalin · 06-09-2003, 08:12 PM

quote:
Originally posted by MattBrady:
OMAR - your post was inappropriate and offensive, not only personally offensive to Turner, but to anyone who has ever suffered with a life threatening disease. Don't do it again.

MattB

You have got to be joking. someone tried to blame his sickness on this lawsuit? I see no wya Top Cow could claim ownership on any of Turner's properties and hope that everything will be released on time. I am eagerly awaiting soulfire and can't wait for more form Turner and Aspen.

tralfaz · 06-09-2003, 08:19 PM

dammit, I wish I knew what OMAR wrote, and tell him to go have sex with himself.

Top Cow has turned into what it tried so hard to not become, a corporate entity. Creators rights? Throw it out the window!!!

jawaplumber · 06-09-2003, 08:25 PM

There's no way of knowing for sure what goes on behind the scenes, but to me, this seems like Top Cow is just nervous about splitting it's sales now with Turner because he was such a huge part of what made Top Cow the success it's been. I dare say he's been a greater part than Silvestri himself, ever since Cyber Force (ugh) fell to the wayside and Witchblade blew up huge. Cyber Force wasn't even that big to begin with, it was just riding the brief wave of anything with the name Image on it selling in the top ten. Witchblade far surpassed Cyber Force, mainly due to Michael Turner (it would have to be, because the story itself, at least in the issues I read, was complete ass). Silvestri and Top Cow know this, no doubt, and they want to continue to cash in on Turner. I'm not much of a follower of the man, but I hope Turner whips their ass in court. Marc Silvestri has always seemed like such a slimeball to me.

jawaplumber · 06-09-2003, 08:30 PM

quote:
Originally posted by tralfaz:
dammit, I wish I knew what OMAR wrote, and tell him to go have sex with himself.

Top Cow has turned into what it tried so hard to not become, a corporate entity. Creators rights? Throw it out the window!!!

OMAR's not worth it.

And I'm not shocked by this turn of events where it concerns Top Cow. All of the original Image boys went corporate, with the exception of Erik Larsen. It was never about creator rights. I knew it back then, I know it now.

tralfaz · 06-09-2003, 08:39 PM

quote:
Originally posted by jawaplumber:

quote:
Originally posted by tralfaz:
dammit, I wish I knew what OMAR wrote, and tell him to go have sex with himself.

Top Cow has turned into what it tried so hard to not become, a corporate entity. Creators rights? Throw it out the window!!!
OMAR's not worth it.

And I'm not shocked by this turn of events where it concerns Top Cow. All of the original Image boys went corporate, with the exception of Erik Larsen. It was never about creator rights. I knew it back then, I know it now.

i said what i said because I recently spend a few weeks in a hospital and Im just recovering...

even thought I dont buy Turner's stuff anymore, I hope he comes out on top in this one.

Jim Lee sold his company for security

Liefeld got thrown out on his ass, had a small little run, then tripped, fell off a cliff, and is still trying to climb his way out of the pit he made for himself

Todd McFarlane became evil todd with his evil corporate toys and trying to take things that arent his

Silvestri is there trying to make Image more than just spandex

Larsen is still insane, will always be insane, and shall remain insane

AND Silvestri: He wants to be a tv/film production company and make crappy movies, tv series, etc... not comics.

AllAboutMe · 06-09-2003, 08:39 PM

The original idea of Image and it's "creator-rights" seemingly doesn't apply if you work for the Cow. I am no big fan of Turner's overrated and ill-proportioned artwork, but he has rights and o creator should get the shaft, especially from a house as bland as Top Cow. Silvestri has really yet to contribute to anything substantial since he left the X-Books and is probably upset his money-maker is making the money he so deserves on his own.
Maybe Top Cow should concentrate on putting out quality comics (for once).

Kerouac · 06-09-2003, 08:44 PM

quote:
Top Cow has turned into what it tried so hard to not become, a corporate entity. Creators rights? Throw it out the window!!!

Living in the House that Todd Built, I suppose...

I'm not so sure that many of the Image creators were ever as opposed to the corporate mentality as they claimed. Seems like they just wanted to be the guys in charge of said corporation, not the ones working for it, especially in light of the fact that almost none of them actually produce comics themselves anymore (aside from Larsen); they just own the rights to the characters.

Matt

Derek Ruiz · 06-09-2003, 08:44 PM

Well like I always say there are Three sides to the truth

Your Side, Thier Side and the Truth of what really going on...

We don't know everything that went on with both parties and I have to say I'm gonna wait and see who i in the right on this one.

Only one that eventually gets hurt in these power plays is us comic fans whole lose out on good comics we were waiting for.I hope to see Both parties bring good work to the market and i also hope this is settled soon so we can get the goods.

I really wanted to see Ekos first I'm tired of seeing turner draw pretty ladies (not really tired of it actually)...I wanted to see him draw ugly monsters lol....

Derek

bishop-m · 06-09-2003, 08:52 PM

I am totally pulling for Turner. I am a huge fan of both companies, but have to side with Mike. Top Cow seems to have problems with "creater-owned" projects. See what happened with Greg Rucka/Matthew Clark's Felon. I also believe they are having problems with J. Michael Straczynski as well. Free Aspen!

DrewDewce · 06-09-2003, 08:55 PM

This is mildy amusing since I would have thought most of Turner's "concept" was an infringement on Bill Willingham's "Fathom" character and mini-series, but . . .

Rich Johnston · 06-09-2003, 08:58 PM

For comments from Aspen and Top Cow employees on this situation over the last few weeks check this morning's Lying In The Gutters and last week's as well...

**MattBrady** · 06-09-2003, 08:59 PM

quote:
Originally posted by DrewDewce:
This is mildy amusing since I would have thought most of Turner's "concept" was an infringement on Bill Willingham's "Fathom" character and mini-series, but . . .

If you're going to claim that Turner broke the law in his creation of Fathom (which is what an infringement is) please explain specific points of similiarity? and yes, we all see the name, and going just a tad deeper, know that both swim in water...beyond that?

MattB

Derek Ruiz · 06-09-2003, 09:29 PM

http://www.topcow.com/vbulletin/showthread.php?threadid=30477

COREMARK · 06-09-2003, 10:40 PM

This is really too bad, I was hoping to check out some of Turners work soon. I did pick up Aspen #1 last week at my local comic store, did anyone else get a copy? Did it just ship to us Canadians?

NicholasWyche · 06-10-2003, 12:15 AM

quote:
Originally posted by MattBrady:

quote:
Originally posted by DrewDewce:
This is mildy amusing since I would have thought most of Turner's "concept" was an infringement on Bill Willingham's "Fathom" character and mini-series, but . . .
If you're going to claim that Turner broke the law in his creation of Fathom (which is what an infringement is) please explain specific points of similiarity? and yes, we all see the name, and going just a tad deeper, know that both swim in water...beyond that?

MattB

I would think that the fact that he took and used the exact same name and created a female character that is marine/aquatic in nature would be enough to warrant an "infringement" suit. Maybe I'm wrong. I'm sure, at the time, that Bill Willingham did not have the resources available to him to pursue legal action. (He was, IIRC, working in a Vegas casino as a blackjack dealer or something.)

All this is tangential to the points raised in Turner's First Amended Complaint. If Top Cow has or is trying to lay claim to all of Turner's past and future work (as the claim would seem to imply) I hope Michael butchers the Cow and cooks it over a grill.
I find the irony of this situation ;i.e. Silvestri joins a "creator's rights" company, expands too quickly, loses money, begins screwing creators (remember Rucka and Clark's FELON?), and then goes back to working for the same company he left in a snit years ago (his upcoming X-MEN work) to be just too rich to stand.

TTROY · 06-10-2003, 12:45 AM

hello Irony , meet top cow.... top cow , irony....

TERM66 · 06-10-2003, 12:53 AM

I guess this would be the wrong time to ask when the long awaited 10th anniversary Image hardcover is coming out...

ctsmith83 · 06-10-2003, 12:59 AM

quote:
Originally posted by NicholasWyche:
I would think that the fact that he took and used the exact same name and created a female character that is marine/aquatic in nature would be enough to warrant an "infringement" suit. Maybe I'm wrong. I'm sure, at the time, that Bill Willingham did not have the resources available to him to pursue legal action. (He was, IIRC, working in a Vegas casino as a blackjack dealer or something.)

Willingham would not be able to sue Turner/Top Cow because he no longer owns any rights to The Elementals and associated characters. He sold the rights to Comico long ago.

Comico has died a couple of times and would have no money to pursue legal action.

beta-ray · 06-10-2003, 01:03 AM

quote:
Originally posted by MattBrady:

quote:
Originally posted by DrewDewce:
This is mildy amusing since I would have thought most of Turner's "concept" was an infringement on Bill Willingham's "Fathom" character and mini-series, but . . .
If you're going to claim that Turner broke the law in his creation of Fathom (which is what an infringement is) please explain specific points of similiarity? and yes, we all see the name, and going just a tad deeper, know that both swim in water...beyond that?

MattB

Just curious, but does it need to go deeper (no pun intended)? The fact that they share the same title and have a similar theme wouldn't be enough? If I create and publish a character named "aqua-man" (note different name) and made him a water born hero, DC wouldn't have any case against me?

I don't really care about the case much since I don't read Top Cow and don't care much at all for Turner's work, but the legal issues involved are kind of interesting...

Bklyn Artist · 06-10-2003, 01:12 AM

As someone who personally got shafted a decade ago by Capital City Distributors, when I tried to launch, first ADVANCED WARNING! which then turned into OFFWORLD! And because of the legal BS basically lost my shirt
I personally know what it feels like to have the rug pulled out from under my feet!

To hear another story of corporate greed or what ever this turns out to be, I find fascinating! As we all know none of us, but the parties involved really know what took place. But I fully remember the big days of IMAGE's launch and how it was supposed to be a creator owned company. This sounds too much like IMAGE trying to retain its hold on...oh, excuse me, TOP COW retain its hold on one of its prized jewels.

How funny when the shoe is on the other foot. Isn't it.

And how sad. Even those with best intentions seem to turn greedy when it suits their means.

Escpecially now, when it seems FATHOM is going to be the next character to (sorry about the pun) make a splash on the big screen.

NeilFeigeles.com
aka bklynartist (on ebay)

OMAR · 06-10-2003, 01:35 AM

I apologize. I was hoping my comment would come off as so over the top as to be humorous, and could imagine Turner himself having a chuckle. No actual insult was intended toward Turner or any other afflicted individual.

ZOD · 06-10-2003, 01:58 AM

quote:
Originally posted by DrewDewce:
This is mildy amusing since I would have thought most of Turner's "concept" was an infringement on Bill Willingham's "Fathom" character and mini-series, but . . .

Then that means Leslie H. Martinson could sue Bill Willingham, right? Because Martinson directed the 1960's film "Fathom" which starred Raquel Welch and showed her in a bathing suit swiming in (gasp!) water. It's possible, right? Though my accusation is most likely shit and I'm probably just a jackass with too much free time.

nacdeadking · 06-10-2003, 02:08 AM

yeah sounds like abest mess coming up :-\
crapola.. so is this soulfire suppose to be a character's name or what?!