Comic company Marvel Enterprises is suing San Jose based Cryptic Studios and South Koreas NCSoft. Marvel claims that players of the game City of Heroes are able to create characters too similar to Marvels own properties.

The personal computer game enables players to design superheroes' look and abilities and then battle against other players' characters in a virtual city. Like similar so-called massively multiplayer role-playing games where thousands of players can be playing simultaneously at any given time, City of Heroes claims to offer a myriad of combinations so that no two players' characters are exactly the same.

But in its lawsuit, filed Wednesday in U.S. District Court, Marvel argues that the game's character creation engine easily allows players to design characters that are virtual copies of its own superheros, including "The Incredible Hulk."

While it's incredibly difficult to create a Hulk-looking character in a game that lets you change skin tone, body mass, and clothing dyes, Marvel takes the suit a step further.

The New York-based company also took issue with the ability of players to go so far as to name their superhero creations after Marvel comic book characters.

Marvel claims the firms' are responsible because the game is played on servers operated by the companies, raising the question of whether a company is responsible for their customers' actions on its computer server.

Marvel also claims the companies have disrupted its "existing and future" business prospects for licensing its characters in video games similar to City of Heroes.

One of the policies in place for a City of Heroes Gamemaster is to put a stop on any player-made-characters that may infringe on another companys copyright. This policy has been in place since day one and the Gamemasters don't take it lightly; GMs permanently ban any infringing player.

teclo

Columbus, OH

November 2003

NOV 13, 2004 06:04 PM

Yes, because Marvel obviously had the idea for superheros first!
Duh.

Wankers.

EdmundOG

I'm lost

July 2004

NOV 13, 2004 06:07 PM

Anyone read the PvP comic where Spydor-Man tried to join their City Of Heroes team. Funny stuff. Anyway, they got no case here. It says it all in the last paragraph.

EdmundOG

I'm lost

July 2004

NOV 13, 2004 06:08 PM

By the way, Marvel and DC have a joint trademark on the term "Superhero". Really.

teclo

Columbus, OH

November 2003

NOV 13, 2004 06:39 PM

EdmundOG said:
By the way, Marvel and DC have a joint trademark on the term "Superhero". Really.

You're kidding?
Egad.
Seriously.

alpha_hazard

Fort Collins, CO

April 2004

NOV 13, 2004 07:26 PM

That's why City of Heros uses the Politically Sensitive term, "Artificially Enhanced Samaritan"

Jeff_Fries

Humptulips, WA

September 2003

NOV 13, 2004 07:27 PM

Why are they busy suing CoH while The Incredibles rakes in millions?

teclo

Columbus, OH

November 2003

NOV 13, 2004 07:50 PM

Jeff_Fries said:
Why are they busy suing CoH while The Incredibles rakes in millions?

Because Disney has a shitload of money and better lawyers.

Derivation

Tucson, AZ

December 2003

NOV 13, 2004 08:08 PM

undone said:

Jeff_Fries said:
Why are they busy suing CoH while The Incredibles rakes in millions?

Because Disney has a shitload of money and better lawyers.

Bam!
BAM! BAM!

Wren

SUICIDEGIRL

Minnesota, USA

NOV 13, 2004 08:18 PM

Lame, Marvel. Go roll naked in your vault and be satisfied with what you have. It's not their fault you guys aren't creative anymore.

Luminaire

Seattle, WA

August 2003

NOV 13, 2004 08:22 PM

I hope nothing big happens with this. I really love CoH, and its got a great community.

I would be really sad if they get shut down.

Drewsie

I'm lost

June 2004

NOV 13, 2004 08:47 PM

I know for a fact that Cryptic's done everything possible to make sure that nobody's trademarks get stepped on. It's a violation of the Terms of Service and violators are banned, pretty ruthlessly.

Marvel's got a remarkably flimsy case here and I predict Cryptic and City o' Heroes will emerge from this with a more press and a higher profile.

CoH isn't going anywhere... and the dark shroud of crime in Paragon City will continue to be broken by the electrical blasts of Tricity, the supercharged superheroine!

BOARDS:

TOPICS:

Fairburn, GA

July 2004

NOV 13, 2004 05:13 PM

Columbus, OH

November 2003

NOV 13, 2004 06:04 PM

I'm lost

July 2004

NOV 13, 2004 06:07 PM

I'm lost

July 2004

NOV 13, 2004 06:08 PM

Columbus, OH

November 2003

NOV 13, 2004 06:39 PM

alpha_hazard

Fort Collins, CO

April 2004

NOV 13, 2004 07:26 PM

Humptulips, WA

September 2003

NOV 13, 2004 07:27 PM

Columbus, OH

November 2003

NOV 13, 2004 07:50 PM

Tucson, AZ

December 2003

NOV 13, 2004 08:08 PM

SUICIDEGIRL

Minnesota, USA

NOV 13, 2004 08:18 PM

Seattle, WA

August 2003

NOV 13, 2004 08:22 PM

I'm lost

June 2004

NOV 13, 2004 08:47 PM