Following a status conference held on June 27, it appears that the copyright case relating to ownership rights in the comic book super hero “Ghost Rider” will be going to trial in the Southern District of New York in November.
We recently reported that the Second Circuit reversed the lower court’s dismissal of this lawsuit, Gary Friedrich Enters., LLC v. Marvel Enters., Inc., finding a genuine issue of material fact existed as to what rights, if any, Friedrich retained in the character following a 1978 contract he entered with Marvel. We reported additional background on the case here.
According to the Order from the conference, some additional motion practice will be forthcoming to determine whether the ownership issue at the heart of the case will be tried by a jury, or by the Court and various pre-trial procedures will be completed prior to a final pretrial conference on October 30. The trial is scheduled to start on November 4.
Gibbons will monitor developments in this trial-bound case.