You’ll recall that a few weeks ago, the estate of Edgar Rice Burroughs sued Dynamite over their ongoing lines of Tarzan and John Carter comics. Although the earliest works in each series are in the public domain, ERB, Inc. sued on the basis of trademark infringement, claiming that Dynamite’s Lord of the Jungle was infringing their trademark for “TARZAN LORD OF THE JUNGLE” and so on. Well, Dynamite has responded, and it’s pretty much a blanket denial, as you can see above. Dynamite’s defense is pretty simple: the books are in the public domain, and ERB, Inc., doesn’t have a trademark to infringe. For instance, ERB didn’t file a trademark claim for Lord of the Jungle until March, 2012, although a shadowy company called ETT Corp. had filed one a few years earlier.
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