Warner Brothers Sues the Attorney Who Represented the Superman Heirs

I have previously reported on the successful lawsuit brought by the heirs of the co-creators of Superman to recover some of the Superman copyrights.  Last week Warner Brothers, the movie studio who previously owned all Superman copyrights, filed a complaint against Marc Toberoff, the attorney who represented the heirs.  

• The complaint essentially accuses Toberoff of over-reaching and taking advantage of his clients.
• It is reported that the agreement between Toberoff and the heirs would give Toberoff nearly one-half of the Superman rights recovered, with the heirs of each co-creator owning only one-fourth.
• Warner Brothers claims the agreements violate copyright law and are void for public policy reasons.
• In response, Toberoff accused Warner Brothers of using thug tactics to personally attack him in what is a last ditch effort to keep the Superman name.
• Others report that Toberoff has long exerted too much control over his clients.
• The complaint also includes a timeline that outlines Toberoff’s attempts to draw the Superman heirs into litigation.  

See Brooks Barnes, Warner Brothers Sues ‘Superman’ Lawyer, NY Times, May 14, 2010; see also my prior posting.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this to my attention.