Marvel vs. 'City of Heroes' update

Remember Marvel's trademark-infringement lawsuit against the makers of City of Heroes? Terra Nova notes that attorneys for NCSoft have filed a motion to dismiss in U.S. District Court. The motion reads, in part:

"Kids with wandering imaginations have long decorated school notebooks with pictures of fantastic and supernatural beings of their own design. The ingenuity of individuals, as expressed through the creation of characters incorporating timeless themes of mythology, patriotism, 'good,' and 'evil,' has been a source of entertainment in the form of role-playing games for ages. In the face of technology that enables individuals to engage in such activities in a virtual, on-line context, Marvel Enterprises, Inc. and Marvel Characters, Inc. (collectively, 'Marvel') have taken the unprecedented step of attempting to appropriate for themselves the world of fantasy-based characters ..."

A hearing on the motion is scheduled for Feb. 7.

(Link via Slashdot.)