Whiskey Tango
Avenger
- Joined
- Jun 29, 2007
- Messages
- 25,209
- Reaction score
- 3
- Points
- 31
So the short version is that US District Judge Barbara Crabb ruled against the Toddster, claiming that Dark Ages Spawn, Domina and Tiffany are variations of Medieval Spawn and Angela, co-created by Gaiman in 1993, and that McFarlane has until September 1st to cough up half the profits to Gaiman.
The amusing bit however is her explanation for the decision, which sounds like it should be coming from a hardcore comic book nerd rather than a US District Judge:
"Much as defendant [McFarlane] tries to distinguish the two knight Hellspawn, he never explains why, of all the universe of possible Hellspawn incarnations, he introduced two knights from the same century," Crabb writes. "Not only does this break the Hellspawn 'rule' that Malebolgia never returns a Hellspawns [sic] to Earth more than once every 400 years (or possibly every 100 years, as suggested in Spawn, No. 9, exh. #1, at 4), it suggests that what defendant really wanted to do was exploit the possibilities of the knight introduced in issue no. 9. [...]
"If defendant really wanted to differentiate the new Hellspawn," the judge continues, "why not make him a Portuguese explorer in the 16th century; an officer of the Royal Navy in the 18th century, an idealistic recruit of Simon Bolivar in the 19th century, a companion of Odysseus on his voyages, a Roman gladiator, a younger brother of Emperor Nakamikado in the early 18th century, a Spanish conquistador, an aristocrat in the Qing dynasty, an American Indian warrior or a member of the court of Queen Elizabeth I? It seems far more than coincidence that Dark Ages (McFarlane) Spawn is a knight from the same century as Medieval (Gaiman) Spawn."
As a bonus, Crabb uses the phrase "kick-ass warrior angels" in reference to Domina and Tiffany.
http://robot6.comicbookresources.co...domina-and-tiffany-are-derivative-characters/
The amusing bit however is her explanation for the decision, which sounds like it should be coming from a hardcore comic book nerd rather than a US District Judge:
"Much as defendant [McFarlane] tries to distinguish the two knight Hellspawn, he never explains why, of all the universe of possible Hellspawn incarnations, he introduced two knights from the same century," Crabb writes. "Not only does this break the Hellspawn 'rule' that Malebolgia never returns a Hellspawns [sic] to Earth more than once every 400 years (or possibly every 100 years, as suggested in Spawn, No. 9, exh. #1, at 4), it suggests that what defendant really wanted to do was exploit the possibilities of the knight introduced in issue no. 9. [...]
"If defendant really wanted to differentiate the new Hellspawn," the judge continues, "why not make him a Portuguese explorer in the 16th century; an officer of the Royal Navy in the 18th century, an idealistic recruit of Simon Bolivar in the 19th century, a companion of Odysseus on his voyages, a Roman gladiator, a younger brother of Emperor Nakamikado in the early 18th century, a Spanish conquistador, an aristocrat in the Qing dynasty, an American Indian warrior or a member of the court of Queen Elizabeth I? It seems far more than coincidence that Dark Ages (McFarlane) Spawn is a knight from the same century as Medieval (Gaiman) Spawn."
As a bonus, Crabb uses the phrase "kick-ass warrior angels" in reference to Domina and Tiffany.
http://robot6.comicbookresources.co...domina-and-tiffany-are-derivative-characters/
