Comics Lowdown | Seuss settlement scotches mash-up

Plus: Politician under fire for threatening cartoonist, Al Plastino’s house is for sale, and more!

Dr. Seuss Enterprises and the creators of a Star Trek-themed parody of the perennial graduation gift Oh, the Places You’ll Go have settled out of court, and the news is not good for mash-up makers.

Johanna Draper Carlson has a quick summary, with links, at The Beat: Former Star Trek writer David Gerrold and artist Ty Templeton mashed up the Seuss book with Star Trek characters and themes to create Oh, the Places You’ll Boldly Go!, which was supposed to be published by ComicMix. The famously litigious Seuss estate sued on grounds of both trademark and copyright infringement; the courts dismissed the trademark case in 2017, and in 2019 a judge found the book was sufficiently “transformative” and met the conditions for fair use. The Seuss folks appealed, and the parties settled out of court this week.

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Feels good, man: ‘Pepe’ creator serves notice on copyright infringers

Matt Furie unleashes lawyers against the “Alt-Right” use of the cartoon frog.

Matt Furie is taking back Pepe the Frog—and he’s not holding back. Last month, the creator of the cartoon frog sent his lawyers after Eric Hauser, who had used Pepe as one of the lead characters in a painfully Islamophobic children’s book, and now those same lawyers have issued a flurry of cease-and-desist letters and DMCA takedown requests to other copyright infringers and those who host them.

Matthew Gault reports on Motherboard that cease and desist orders have been sent to Richard Spencer, Mike Cernovich, Tim Gionet (a.k.a. “Baked Alaska”), and the r/the_Donald subreddit. The C&D letters explicitly state that the next step will be to hit the infringers in the wallet:

Furie’s legal team makes clear that Furie plans to ask Spencer, Cernovich, and Baked Alaska for money in addition to demanding they stop using Pepe’s image: “After we have received confirmation that you have ceased infringement, we will contact you to discuss what additional information we need from you to calculate the appropriate amount of damages,” the letters read.

Furie’s legal team has also issued DMCA (Digital Millennium Copyright Act) takedown requests to Amazon, Google Play, and Reddit, naming specific pages that host infringing images. Gionet’s book Meme Magic: Secrets Revealed, which has Pepe on its cover, is no longer available on Amazon, and Google Play has dropped his app Build the Wall: The Game. (Apple has already banned Pepe from its App Store.)

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Comics Lowdown: Businessman wins against Marvel, DC Comics to use  the word ‘superhero’

Plus: assistant principal fired for Pepe the Frog book, new Madefire/DC Comics digital deal, and the hunt for H. G. Peter photos

When Graham Jules (pictured above) wrote his book, Business Zero to Superhero, he had no idea he would end up in a battle against the two largest comic publishers in the world. When his book was about to be published in 2014, he received a letter from Marvel and DC Comics claiming the word infringed on their jointly owned trademark since 1979. Jules, who also studies law, decided to represent himself in the case. A two-and-a-half year legal case ensued and this week, the two comic giants decided to drop the case for “commercial reasons.” The entrepreneur estimates that he spent a total of £200 and 200 hours in writing letters.

“This is an amazing result. It shows that even the little guy can achieve something with determination.”

It will not be surprising if his next book is about being a superhero of trademark cases.

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