Thursday, September 23, 2004

DC overcomes Kryptonite: CNN/Money reports a federal judge has refused to throw out a breach-of-contract claim DC Comics filed against Kryptonite Corp., a bicycle-lock company. DC filed the lawsuit in 2000 to prevent Kryptonite from expanding the use of the word on tote bags, helmets, jerseys and other products.

According to the New York Daily News, the publisher argued a 1983 agreement limited the bike-lock company to using the word on locks, bike accessories and handle bar grips. Federal Judge Richard Owen apparently agreed, writing in his 19-page decision that, "I find that Kryptonite is an element associated with Superman entertainment products and it is thus entitled to protection."

Owen's order, entered Sept. 16 and modified Sept. 21, allows DC to proceed to trial.