"VALIANT" VS. "VALIANT" - WHO IS VIP?

[MattBrady]

One open question regarding the continued apparent dispute over the Valiant/Acclaim intellectual property is the identity of the owner or owners of Valiant Intellectual Properties, LLC., who are attempting to register the trademarks of some of the former Valiant/Acclaim comic book characters, in order to publish new titles based on these trademarks.

All the information that has surfaced about the company since their 2005 registration filings is that their applications list a Wilmington, Delaware address, and that their attorney of record is Michael Lovitz, who handles all press communications from and directed to the company.

It also seems likely the owner(s) of VIP, LLC. are an established or previously established presence in the comic book industry. In comments to Newsarama in 2005 after VIP’s filings were first reported, Quantum & Woody creator Christopher Priest expressed a willingness and desire to work with VIP, and while declining to reveal the identity of anyone involved in the company, said of those person or persons, “…they’re people that we’ve worked with before who’ve been big supporters of Quantum and Woody previously, so we’ve got the established relationship…”

According to Michael Lovitz in a statement to Newsarama in response questions regarding the “Valiant Sneak Peek” ashcan, the identities of the company’s owner(s) are being kept confidential, partially due to, again, according to the attorney, “posts made to Valiant fan forums which proposed violence against my clients.”

Several fan-held theories on the identity of VIP, LLC have circulated since the appearance of the “sneak peek” ashcan at Comic-Con, some based on research of other trademark applications filed by Lovitz.

A search of the USPTO.gov website reveals Lovitz is the attorney of record on a number of pending trademark applications of comic book and entertainment trademarks, with many of these listing the same applicant address – PO Box 2207 Wilmington, Delaware 19899 – as VIP, LLC.

In of itself, this is neither unusual nor conclusive of anything, considering Lovitz specializes in intellectual property law and represents a number of clients in the comic book industry, including Bob Layton, Joe Lisnser, Sirius Entertainment, Colleen Doran (he is the attorney of record on a 2002 application for Doran’s A Distant Soil for example) and several others, and the Delaware PO Box is, according to Lovitz, his firm’s, used when they serve as Registered Agent for any of the corporations they represent in and outside the comic book industry, and not the address of individual clients.

However, some of the titles that turn up in a search of Lovitz’s filings do have some common elements, in addition to being handled by the attorney.

A trademark registration application for “Re-Animator” was filed on behalf of Re-Animator, LLC. on April 20, 2005, “Savage Tales” for Savage Tales Entertainment, LLC on September 1, 2006, and “Jungle Girl” for Jungle Girl, LLC. on November 15, 2006. And on June 8th 2007, ten trademark applications were filed via Lovitz for Super Power Heroes, LLC., including “Super Powers” and eight characters - “The Owl”, “Pyroman”, “The Arrow”, “Mighty Samson”, “Scarab”, “Green Lama”, “Black Terror”, and “Death-Defying 'Devil”.

These first three properties – Re-Animator, Savage Tales, and Jungle Girl –have been or are currently comic book titles published by Runnemede NJ-based publisher Dynamite Entertainment, with the first two being based on a formerly established trademarks.

All of the latter group are also formerly trademarked comic book characters (that currently exist in public domain) that will be featured in Dynamite’s upcoming Alex Ross/Jim Krueger title Superpowers, which has been described by Ross in an interview with Newsarama and the “brainchild” of Dynamite’s owner/publisher Nick Barrucci, and by a Dynamite press release as being “developed by Dynamite” over the last three years.

Additionally, Lovitz is the attorney of record for Dynamite Entertainment’s own trademark registration application filed on June 12, 2007, which lists the publisher’s NJ address on the application.

However, not all comic book/entertainment-related trademark applications filed by Lovitz from that same Delaware address are currently Dynamite titles. “Superzombies” by Classic Monsters, LLC., and “Deadly Hands of Kung Fu” by Fu Manchu Productions, LLC., for example also have pending applications. And curiously, as Newsarama has previously reported, Valiant Intellectual Properties, LLC. has submitted a trademark application for “Elementals”, the title of creator Bill Willingham’s former Comico series.

There have been no announced new publication plans for any of these three properties as far as Newsarama is aware.

So again the question is raised, what does any of this mean? Do some similar elements – a common attorney, the creation of individual LLC.’s, applying for trademarks of former comic book marks – necessarily indicate any relationship exists between Dynamite Entertainment and Valiant Intellectual Properties, LLC.?

No.

To put a point on this aspect, Newsarama has learned that the Valiant Entertainment has retained the services of Donovan & Yee, LLP, a New York based firm which specializes in intellectual property, trademark and copyright. Donovan & Yee also list both DC Comics and Marvel Comics among their clients, yet there is nothing to suggest that Valiant Entertainment is owned by, or doing business with either Marvel or DC at this time.

It is entirely possible that Valiant Intellectual Properties, LLC. has no relation to any established publisher, other than perhaps sharing common legal representation by an attorney that specializes in a specific field in a small industry. And some of these smaller LLC’s could be individually owned IP applicants/holders, who again share common legal representation, and happen to have their own licensing agreements with Dynamite. And/or any combination of the above.

Reached for comment and asked if any relationship exists between Dynamite Entertainment and Valiant Intellectual Properties, Lovitz - who again counts both organizations as clients - told Newsarama earlier….

“In response to at least one post, I can tell you that I have at no time had any ownership interest in Valiant Intellectual Properties, LLC.”

As this article moved towards publication, Lovitz was on vacation and unavailable for further comment.

Barrucci agreed to field questions from Newsarama. The questions and answers follow:

Newsarama: Do you own, wholly or in part, Valiant Intellectual Properties?

Nick Barrucci: No.

NRAMA: Is there a relationship between Valiant Intellectual Properties and Dynamic Forces or Dynamite Entertainment?

NB: No.

NRAMA: Are/is Dynamic Forces or Dynamite Entertainment imminently planning on, or going to enter into a relationship with VIP, i.e., licensing or publishing?

NB: I cannot say who we may work with in the future. Also we have a policy of not discussing our future plans and in some cases are contractually bound not to publicly discuss any future plans.

Despite denying have any involvement in VIP, Barrucci continued to answer our questions, and went on to offer his opinion about under what circumstances he might forge a publishing relationship with them.

NRAMA: Has DF/DE been approached by any party in regards to publishing work featuring the Valiant characters?

NB: I think the answer to #2 also applies here. I will state that Dynamic Forces, Inc has had a license for Magnus and Solar from Classic Media (the owners of Solar(*), Magnus and Turok trademarks and copyrights). We released a statue based on their property last year. We were going to release a Solar lithograph as well, but unfortunately, sales were not strong (even though the great Bob Layton drew it), and that was a factor in canceling the lithograph.

NRAMA: As a publisher who works with various licensors, would you consider working with either VEI or VIP?

NB: We are open to working with anyone who wants to work with us. Before I would entertain working with anyone I would ask the following:

What do they own in detail (what is their chain of title, not just for the characters, but for their licenses, their work for hires, etc)?
Do you have valid trademarks or copyrights?
Do you have the supporting trademark filings?
Do you have work for hire agreements to support the right to reprint or to create derivative work based on the material?
Do you have the authority to use characters that are owned by other parties?
For example Solar, Magnus, Turok.
Do you have publishing plans that might conflict.

Unless I could get answers to these questions with supporting documentation I would be hesitant to become involved.

(*) Newsarama Note – Barucci’s point about Solar is an issue that has come to light with the recent publication and sale of Valiant Entertainment’s Harbinger: The Beginning hardcover. As longtime Valiant fans know, Solar appears in issues #5 and #6 of the original Harbinger series, appearing on the cover of #5 and playing a (arguably deus ex machina) role in the story. However, as Valiant fans also know, the character is owned/managed by Classic Media (now part of Random House), and was licensed for use to the original Valiant Comics and then Acclaim. Such contracts would have ended with the bankruptcy of Acclaim. Currently, Dark Horse has the license from Classic/Random House to reprint Gold Key Solar material. That said, Valiant Entertainment made no mention of the ownership of Solar in the indicia of Harbinger: The Beginning. The indicia reads:

HARBINGER: THE BEGINNING. Published by VALIANT ENTERTAINMENT LLC. Cover and compilation copyright (c) 2007 Valiant Entertainment, Inc. All rights reserved. Contains material originally published in single magazine form as HARBINGER #0-7. Copyright (c) 1992 Valiant Entertainment, Inc. All rights reserved. ORIGIN OF HARADA. Copyright (c) 2007 Valiant Entertainment Inc. All rights reserved. All characters, their distinctive likenesses and related indicia featured in this publication are trademarks of Valiant Entertainment, Inc. The stories, characters, and incidents featured in this publication are entirely fictional. Valiant Entertainment does not read or accept unsolicited submissions of ideas, stories or artwork.
Printed in the U.S.A. First Printing. ISBN: 978-0-9796409-0-2.

When contacted about the use of Solar in the hardcover, Valiant Entertainment’s Chip Carter told Newsarama, “The contents of the books are collected in their original form. …reprinting existing Harbinger content that contains a limited use of this character is not an issue.”

Classic Media declined to comment at this time when asked by Newsarama about the “limited use” of a character Classic owns, as cited by Carter.

To further muddy the Solar waters, a heretofore unknown party has apparently applied for the trademark to “Solar” for use in “Publications, namely, magazines and books featuring a fictional character, activity books, and a series of comic books; greeting, note, and blank cards; decals; and stickers” (along with games and software) – fairly standard boilerplate for comics. Katrina Conner applied for the mark on July 29th, 2005 (roughly three months after V.I.P applied for the Valiant marks, and three months after VE purchased the Valiant assets from the Acclaim bankruptcy), and it was published for opposition on July 17th, 2007. The attorney of record on this filing was Eric O. Haugen, again, a new name in the larger picture to this point. All trademarks for “Solar, Man of the Atom” are listed as being “dead,” either canceled or abandoned by their previous holders. Newsarama is continuing to look into the ownership and use of Solar.

UPDATE: Several stores have told Newsarama that the Harbinger HC has appeared on their Diamond invoices for books due in next week. When contacted by Newsarama, Diamond VP - Purchasing Bill Schanes told Newsarama that the change in status was a mistake which has since been resolved. "[Shipment of the book] is still on hold pending legal dispute being resolved," Schanes told Newsarama. "Our PO to them [VEI] is on hold pending a resolution of this matter. Diamond doesn’t discuss any legal dispute for publication." Asked to clarify, and if this meant that the book would not be in stores next week, Schanes said, "Correct."

[MattBrady]

I understand that, for some of you, this issue is a very emotional one that you feel very passionately about. Previous Valiant threads have quickly fallen into name-calling, baseless accusations of conspiracy, and overall rude behavior.

If you feel that you cannot discuss this topic without personal insulting others or calling others names, both those on the board and otherwise, please refrain from posting. There will be no further warnings.

MattB

[thefourthman]

Originally Posted by MattBrady

I understand that, for some of you, this issue is a very emotional one that you feel very passionately about. Previous Valiant threads have quickly fallen into name-calling, baseless accusations of conspiracy, and overall rude behavior.

If you feel that you cannot discuss this topic without personal insulting others or calling others names, both those on the board and otherwise, please refrain from posting. There will be no further warnings.

MattB

Hey Matt, a head's up, but on my invoice this week it says that my previously cancelled order for the book have been reinstated. I have no idea what that means, but you might wanna check up on it.

[tralfaz]

I just want to know if we're gonna get the real Valiant (Jim Shooter) or the crappy one (Crap after Shooter and crappier when Acclaim bought Valiant)

[GratefulFred]

Excellent article.

[pta391]

I really dislike answers in legalese. It makes me think that Dynamite is in bed with VIP, I hope thats not the case, but thats the way the cookie crumbles. I can say this, I will not purchase any dynamite product whatsoever if it turns out they are involved in these dirty tactics keeping Valiant off the shelves in any way whatsoever, be it now or in some distant future, even if it is in a galaxy far far away...

[captainzero]

I was never a real big Valiant fan. .... But Doc Solar and Magnus, Robot Fighter ...were a couple of Heroes I liked....and thought both had greater potential than was ever realized.

Barry Smith helped the line.... immensely.

Russ Manning's(?)(It was Russ, right??!) made the Robot Fighter strip look really great... but the story line was a bit weak. It still was a great looking book.

Solar could have been much better, too!!
The rest of the group of younger heroes wasn't quite as interesting to me.

The legal stuff just boggles my mind. I hope they straighten it out.

I really would like to see Magnus, Robot Fighter and Doctor Solar back in action.

[Fanboy375]

Whoever VIP is, they are not going to reveal themselves (especially if it is a current comic creator) due to the boycott that would following by the V/E fans. There are alot more of us out there than you think.

Too bad both companies can't publish their own version of the characters and let the fans decide which one they would follow (VIP would close their doors after the second issue of their books).

My consipracy theory is that McFarlane and/or Image is behind it. Since they could never beat V/E in the 90s. LMAO!!!!

[BamaRainbow]

From the article:
According to Michael Lovitz in a statement to Newsarama in response questions regarding the “Valiant Sneak Peek” ashcan, the identities of the company’s owner(s) are being kept confidential, partially due to, again, according to the attorney, “posts made to Valiant fan forums which proposed violence against my clients.”

Um, I'm sorry, but there IS a proper way of handling "proposed violence" which doesn't involve keeping "secrets". I may be mistaken, but I was under the impression that filing an LLC is a matter of public record since LLCs have to be filed with state officials. If Lovitz is so concerned that the owners are being threatened with "violence", he should know enough to REPORT THOSE THREATS TO POLICE. It's not that hard to find out where these "fan posts" are originating and I'm also under the (perhaps again) mistaken impression that ISPs have terms of service which explicitly prohibit threats of violence.
Of course, if the company's owners are so easily unnerved, perhaps they shouldn't be in the business. Comics fans can be quite vehement in their opinions and anyone who owns (or attempts to own) a comics property with an especially loyal fanbase needs to be able to take the criticisms (positive as well as negative) and deal with them.

[theodoros]

So... this hardcover could be now a collector's item? This comic book industry drives me crazy.

[MattBrady]

Originally Posted by BamaRainbow

Comics fans can be quite vehement in their opinions and anyone who owns (or attempts to own) a comics property with an especially loyal fanbase needs to be able to take the criticisms (positive as well as negative) and deal with them.

To clarify before this aspect gets going on its own, the reference was not towards people not liking the product, but actual threats of physical violence that were made against Lovitz and anyone identified as VIP by a number of Valiant fans - not criticisms.

MattB

[Unknown]

This is just legal cluster-cluck. Pure unadultered insanity.

[Scavenger]

It makes me think that Dynamite is in bed with VIP

Because that "No" in response to if you have been or are involved with them was ambiguous.


I find it interesting that the supposedly super-pure VE apparantly didn't clear the rights to reprint the Solar appearance. Where's the outrage Valiant fans?

[Renegar]

To further muddy the Solar waters, a heretofore unknown party has apparently applied for the trademark to “Solar” for use in “Publications, namely, magazines and books featuring a fictional character, activity books, and a series of comic books; greeting, note, and blank cards; decals; and stickers” (along with games and software) – fairly standard boilerplate for comics. Katrina Conner applied for the mark on July 29th, 2005 (roughly three months after V.I.P applied for the Valiant marks, and three months after VE purchased the Valiant assets from the Acclaim bankruptcy), and it was published for opposition on July 17th, 2007. The attorney of record on this filing was Eric O. Haugen, again, a new name in the larger picture to this point. All trademarks for “Solar, Man of the Atom” are listed as being “dead,” either canceled or abandoned by their previous holders. Newsarama is continuing to look into the ownership and use of Solar.

So wait a sec.. Who is this group/person? Is someone else jumping into this fight? I mean, they had to suspect something since they filed for Solar TM right after the Kathari Group purchased the Acclaim Assetts. Since Dark Horse has the license for Solar, are they aware all of this is going on?

[pta391]

Originally Posted by Scavenger

It makes me think that Dynamite is in bed with VIP

Because that "No" in response to if you have been or are involved with them was ambiguous.

this more what i was referring to.


NRAMA: Are/is Dynamic Forces or Dynamite Entertainment imminently planning on, or going to enter into a relationship with VIP, i.e., licensing or publishing?

NB: I cannot say who we may work with in the future. Also we have a policy of not discussing our future plans and in some cases are contractually bound not to publicly discuss any future plans.

[NateHammer]

Everytime I see an article on Valiant I wish I still had my Valiant comics. I use to have almost all of their books, I loved Valiant.

[Renegar]

Originally Posted by pta391

this more what i was referring to.


NRAMA: Are/is Dynamic Forces or Dynamite Entertainment imminently planning on, or going to enter into a relationship with VIP, i.e., licensing or publishing?

NB: I cannot say who we may work with in the future. Also we have a policy of not discussing our future plans and in some cases are contractually bound not to publicly discuss any future plans.

Because he's stating that he won't tell his licensors business, and stating it as a fact, and being honest that he can't do that, you're hurt by it? Should we ask for his company books and a full disclosure?

[MattBrady]

UPDATE: Several stores have told Newsarama that the Harbinger HC has appeared on their Diamond invoices for books due in next week. When contacted by Newsarama, Diamond VP - Purchasing Bill Schanes told Newsarama that the change in status was a mistake which has since been resolved. "[Shipment of the book] is still on hold pending legal dispute being resolved," Schanes told Newsarama. "Our PO to them [VEI] is on hold pending a resolution of this matter. Diamond doesn’t discuss any legal dispute for publication." Asked to clarify, and if this meant that the book would not be in stores next week, Schanes said, "Correct."

MattB

[pta391]

Originally Posted by Renegar

Because he's stating that he won't tell his licensors business, and stating it as a fact, and being honest that he can't do that, you're hurt by it? Should we ask for his company books and a full disclosure?

Why do you care what Im hurt by?

[Renegar]

Originally Posted by MattBrady

UPDATE: Several stores have told Newsarama that the Harbinger HC has appeared on their Diamond invoices for books due in next week. When contacted by Newsarama, Diamond VP - Purchasing Bill Schanes told Newsarama that the change in status was a mistake which has since been resolved. [Shipment of the book] is still on hold pending legal dispute being resolved. Our PO to them [VEI] is on hold pending a resolution of this matter. Diamond doesn’t discuss any legal dispute for publication."

MattB

Well, that's good to know. Thanks Matt! When is the book shipping from VE to the retailers? I have mine ordered :

[Renegar]

Originally Posted by pta391

Why do you care what Im hurt by?

Well, honestly, I don't. I was just commenting more on the way fans in this industry become super sleuths, know-it-alls and feel entitled to know the business practices of publishers, all from the comfort of thier own homes.

I bet, back in the day, Stan Lee had a real moral and emotionial struggle when he couldn't decide if he should run a fan letters page or Marvel's financial Books/Contracts in the back of Amazing Spiderman.

[pta391]

Originally Posted by Renegar

Well, honestly, I don't. I was just commenting more on the way fans in this industry become super sleuths, know-it-alls and feel entitled to know the business practices of publishers, all from the comfort of thier own homes.

I bet, back in the day, Stan Lee had a real moral and emotionial struggle when he couldn't decide if he should run a fan letters page or Marvel's financial Books/Contracts in the back of Amazing Spiderman.

thanks for calling me a super sleuth know it all and what not. Now i am hurt

[Spy_Smasher]

@Renegar: Wow. You like that eye-roll smiley.

I'm glad that Newsarama is continuing to cover the "Valiant" story in detail though I am sad to see that we now need to put warnings about etiquette after such articles. I'm sure I'm supposed to go "hey, fellow Valiant fans, let's keep our cool" but I can't help feeling a bit abused. I guess the problem is so big it can't be handled individually?

[MattBrady]

Originally Posted by Spy_Smasher

I guess the problem is so big it can't be handled individually?

To date, every Valiant thread has had individuals with vested interests posting in the forums (under aliases) while posing as objective, innocent fans; conspiracy theories out the wazoo; insults; name-calling, and basically, general nastiness to anyone who would disagree with the prevailing "anyone by VEI is the debbil, and anyone who questions this is a shill" tone that crops up. I wish I were making this up. I have no idea what it is about Valiant that drives people to such lengths.

So yeah - I wanted to nip it in the bud early across the whole thread.

MattB

[The Funketeer]

As long as I get a Priest written, Doc Bright illustrated Quantum and Woody, I don't care who owns what.