Edgar Rice Burroughs, Inc. v. Dynamic Forces, Inc., et al.
No. 12 Civ. 1192 (S.D.N.Y.)
Represented Plaintiff Edgar Rice Burroughs, Inc. (“ERB”), owner of all existing copyright and trademark rights relating to the literary works of Edgar Rice Burroughs, including the TARZAN and JOHN CARTER OF MARS series of stories. In the case, ERB claimed that the defendant comic book publishers who were using the marks LORD OF THE JUNGLE and WARLORD OF MARS (among others) for comic book series based on the TARZAN and JOHN CARTER OF MARS stories were liable for (i) trademark infringement and unfair competition under the U.S. Trademark (Lanham) Act and related state laws, and (ii) copyright infringement under the laws of the United Kingdom, France and the Netherlands. The parties settled their claims before trial.