Disney should sue Fox

[metaphysician]

I don't think suing would be a good idea, because making a bad movie isn't a violation of the licensing agreement. Now, if something juicy turns up in discovery during the seemingly-inevitable Fox/Trank lawsuit, that might change things. I doubt it, though.

 

[Ragnaroknroll]

I'm not sure if simply excluding the Fox logo would constitute as marketing the film as "Marvel's Fantastic Four". It's a different story if the tv spots directly state those words, but I don't believe any of them did. Even if you can, they runs the risk of coming off as inconsistent. If other Sony or Fox films have done the same without Marvel/Disney going after them, it would make their case appear less sympathetic.

Regardless, I don't think Disney would go through the trouble of a lawsuit even if they could. It would only hinder their relationship with Fox even further and affect other brands like Star Wars in the process.

Actually I wonder if any other studios have done this. Not that I recall.

It was subtly done - and perhaps difficult to prove - but the intention is obvious. And it's not like Fox wasn't caught with their pants down with other underhanded marketing tactics such as airing critics spots that cherry picked seemingly favorable quotes out of context from negative reviews (during the reviews embargo!). That's totally false advertising.

And because of the brand obfuscation, many of the articles, reviews and user comments out there that are blasting this film are pinning this failure squarely on Marvel. The fact that this is an independent Fox production is completely lost in the noise.

 

[Shikamaru]

Actually I wonder if any other studios have done this. Not that I recall.

It was subtly done - and perhaps difficult to prove - but the intention is obvious. And it's not like Fox wasn't caught with their pants down with other underhanded marketing tactics such as airing critics spots that cherry picked seemingly favorable quotes out of context from negative reviews (during the reviews embargo!). That's totally false advertising.

And because of the brand obfuscation, many of the articles, reviews and user comments out there that are blasting this film are pinning this failure squarely on Marvel. The fact that this is an independent Fox production is completely lost in the noise.

It would be too difficult to prove Fox's intentions. No court would buy it (even a civil one).

 

[gdw]

I haven't seen any reviews blaming Marvel, or assuming it was a Marvel Studios picture.
I'd love to read them, any one have any links?

 

[starscream22]

I'm not sure if simply excluding the Fox logo would constitute as marketing the film as "Marvel's Fantastic Four". It's a different story if the tv spots directly state those words, but I don't believe any of them did. Even if you can, they runs the risk of coming off as inconsistent. If other Sony or Fox films have done the same without Marvel/Disney going after them, it would make their case appear less sympathetic.

Regardless, I don't think Disney would go through the trouble of a lawsuit even if they could. It would only hinder their relationship with Fox even further and affect other brands like Star Wars in the process.

To clarify I don't see Disney throwing some frivolous lawsuit at Fox. I think the overall consensus of those hoping for a revert is that Disney's Lawyers finds some type of legal loophole that'll give them a legitimate case for why they should be able to get the rights back w/o giving Fox a single cent.

X-men to while they're at it.

 

[Shikamaru]

To clarify I don't see Disney throwing some frivolous lawsuit at Fox. I think the overall consensus of those hoping for a revert is that Disney's Lawyers finds some type of legal loophole that'll give them a legitimate case for why they should be able to get the rights back w/o giving Fox a single cent.

For me, X-men to while their at it.

Yeah, that's not gonna happen. If there was a loophole they would have taken some sort of action by now.

 

[starscream22]

Yeah, that's not gonna happen. If there was a loophole they would have taken some sort of action by now.

Yeah, well the film only flopped a week ago and the dust between Fox and Trank hasn't settled yet.

I'm talking about the future not the past and since Disney's legal team still clearly have their jobs I'm not ready to thrown in the towel on your say so.

Keep Hope Alive!

 

[Shikamaru]

Marvel's already had plenty of opportunities to use a loophole on any property if such one existed. They didn't do it during the "dark days" of the X-Men franchise, not while Daredevil was having a hard time, not after Sony's franchise was moving towards impeccable crash and the list goes on. Their only options are to buy the rights to wait till they revert.

 

[Eddie]

Marvel's already had plenty of opportunities to use a loophole on any property if such one existed. They didn't do it during the "dark days" of the X-Men franchise, not while Daredevil was having a hard time, not after Sony's franchise was moving towards impeccable crash and the list goes on. Their only options are to buy the rights to wait till they revert.

See, that's why I'm curious about the specifics of the Ghost Rider reversion. Spirit of Vengeance was the first real flop out of another studio after Disney bought Marvel, and it reverted immediately...

 

[starscream22]

See, that's why I'm curious about the specifics of the Ghost Rider reversion. Spirit of Vengeance was the first real flop out of another studio after Disney bought Marvel, and it reverted immediately...

Yeah, I'm talking about the current debacle being witnessed right now between Fox, Trank and this film being a flop and a laughing stock.

I'm hoping that there's a "loop hole" unfolding as we speak that Disney can expose in order to get their rights back since Fox at this point wouldn't be ashamed to bury this franchise then dig up and parade it around like "Weekend at Bernie's".

 

[Marathon]

In Sony's case I'm guessing they literally gave up the Ghost. But Sony's desperation should not be forgotten re: their IP decisions. They also needed Marvel's help on freaking Spidey.

 

[Boom]

Marvel Studios might want to consider changing its logo to something more distinctive. Tacking "Studios" on there in small print is an easy enough oversight for some.

If they had any grounds to sue, I imagine it'd have more to do with false advertisement that resulted in damages or misrepresentation of Marvel Studios' image. Fox made it no secret. Their last TV spots for the film made a point of emphasizing the Marvel logo, yet not their own. They were no doubt hedging their bets on tricking ignorant joes into thinking this was just the latest MCU film. Hell, you can see it on social media websites that there are people out there failing to make the distinction ("Marvel finally dropped the ball.").

Of course, there's no way to prove in court that MS's image has been damaged by this, at least not yet. Which is why I doubt they have any grounds to sue.

Their time would be better spent trying to strike up a deal with Fox regarding the X-Men TV rights.

 

[starscream22]

 

[Gr0oT]

I didn't realize that the case would be judged on the definition of intention rather than the consequence of effect.

 

[Mysteryman]

Marvel's already had plenty of opportunities to use a loophole on any property if such one existed. They didn't do it during the "dark days" of the X-Men franchise, not while Daredevil was having a hard time, not after Sony's franchise was moving towards impeccable crash and the list goes on. Their only options are to buy the rights to wait till they revert.

I agree.
I don't think either one is going to happen too soon .
But, we shall see .

 

[Mike Murdock]

I didn't realize that the case would be judged on the definition of intention rather than the consequence of effect.

Because no one in their right minds would sign a contract requiring they produce a good movie (as subjective as that is). All it would require is that they act in good faith to produce a good movie. That's why intent controls.

 

[Nokio]

I'M A 100% PERCENT SURE THAT WHEN DISNEY AQUIRED MARVEL THE MOUSE'S LEAGAL TEAM WENT OVER THOSE CONTRACTS WITH A FINE TOOTH COMB. If there was a loop hole to be exploited they would've done so by now period!

There is no hope of a court battle over the rites of F4 and Xmen. Fans need to hang it up. I want Xmen and F4 outta Fox's hand too but it's just isn't going to happen.

 

[Nokio]

Fox has damaged F4 and Doom for at least another decade. Sad, truly sad.

 

[TheVileOne]

I'M A 100% PERCENT SURE THAT WHEN DISNEY AQUIRED MARVEL THE MOUSE'S LEAGAL TEAM WENT OVER THOSE CONTRACTS WITH A FINE TOOTH COMB. If there was a loop hole to be exploited they would've done so by now period!

There is no hope of a court battle over the rites of F4 and Xmen. Fans need to hang it up. I want Xmen and F4 outta Fox's hand too but it's just isn't going to happen.

Exactly. Disney can't sue Fox here because there was no violation of any agreement.