Marvel's Exiles: Hyperion Challenge--build a team to beat him!

[Hugh Neilson]

Re: Marvel's Exiles: Hyperion Challenge--build a team to beat him!

 

Fan maybe' date=' but Legal? What's DC to say, hey that character you've had for over 20 years? Stop it.[/quote']

 

One has to remember the history of these characters. SS first appeared about Avengers #71. At the same time, JLA featured a group of alternate-earth heroes who looked remarkably like the Avengers. It was planned by the writers of both books. At that point, I doubt DC or Marvel could have enforced a legal claim.

 

When the characters appeared again (and Marvel made considerable use of the SS in the '70's and early to mid '80s, while the DC counterparts were dormant), tjis would have been the time for DC to assert their legal rights. However, if they did take any action it was clearly not beneficial, as Nighthawk remained with the Defenders for years, Hyperion appeared in Thor off and on, and the other two made sporadic apearances (Whizzer eventually becoming Speed Demon), with the heroic alternate-earth squadron being the focus of the occasional storyline in Avengers, in Defenders, and ultimately in their own miniseries and graphic novel.

 

I doubt DC could make a convincing case at this point. We may even be at the point where "Super-strong flying invulnerable alien with eyebeams" is a generic product, and the concept itself would not longer enjoy protection as IP, although the execution would retain rights in this regard (but I'm not a lawyer, so what do I know?) .

[Guest C--]

Re: Marvel's Exiles: Hyperion Challenge--build a team to beat him!

 

I doubt DC could make a convincing case at this point. We may even be at the point where "Super-strong flying invulnerable alien with eyebeams" is a generic product, and the concept itself would not longer enjoy protection as IP, although the execution would retain rights in this regard (but I'm not a lawyer, so what do I know?) .

 

Bang-o. By now, the concept of the superhero is so well-established that DC could not hope to win a case. They didn't even have much of one back when they sued Fawcett over Captain Marvel--they just had deeper pockets. Besides, the statute of limitations for any such lawsuit they could even try to press would have passed years ago on Hyperion.

[Iuz the Evil]

Re: Marvel's Exiles: Hyperion Challenge--build a team to beat him!

 

DC should be happy enough that the vast majority of humanity, when hearing "alien with superhuman physical abilities who flies and shoots eye beams" instantly thinks "Superman". When their product essentially holds the status of Iconic Archetype, they're going to have to deal with the fact that knock-offs and parodies will emerge using their product (Superman) as a point of reference.

 

Would they like to sue about it? Probably, DC likes money and protects their intellectual property just like any corporation. Is it remotely possible they would win? Likely not imho, though I'm not a lawyer either. OTOH, the depiction of Hyperion in Marvel comics causes tons of comic fanboys to think of the Man of Steel (albeit in the Marvel-verse)... hence potentially indirectly promoting DCs product. Same with all the other "Superman-wannabes" like Nefaria, Supreme, Mr. Majestic (though Wildstorm is owned by DC), Gladiator, etc. etc. etc. Hmmm... I just noticed that some of my favorite Marvel characters are Supes knockoffs.

 

(/Rhetorical) How many titles does the Man of Steel have? How long has the Last Son of Krypton been selling comics? (/Rhetorical off) I'd say DC will largely take a position of indifference so long as the copywritten details of the character remain unused... things like "S" shield, names, etc. Though they undoubtedly have their Legion of Super Lawyers perusing the materials on a semi-recurring basis.