Tuesday, March 22, 2005

Gaiman: McFarlane doesn't hold Miracleman trademark

At his blog, Neil Gaiman responds to Todd McFarlane's comments about ownership of Miracleman. He also mentions that he's in "the concluding stages of talks to bring the Alan Moore Miracleman stories and the stories I wrote and Mark Buckingham drew back into print."
Good old Todd. This was the same kind of thing he was doing in the fan press before the legal case. Charitably, I think it's fair to say that he's telling huge and easily disprovable fibs. No, he doesn't (whatever he says in the interview) have a trademark on Miracleman. The shared trademark that Eclipse had was found to have expired in the mid 90s, before Todd bought the remains of Eclipse. (Todd put in a new Miracleman trademark application back in 2001, before the legal case, which we opposed as soon as we found out about it, and which hasn't been granted.)

Beyond that, he's also distancing himself from the reality-based community in his description of the result of the legal case. (I'm not sure what to say about that, other than it's all been pretty extensively recorded.) If Todd actually owned a share of Miracleman (something that became more and more unlikely as we finally saw the actual documentation he had on it, which consisted only of: a contract that said that Eclipse's rights to the character automatically reverted if someone other than Dean Mullaney owned Eclipse, and an expired Trademark notice for a Trademark shared with me, Mark Buckingham and Eclipse) then, yes, he kept that share at the end of the trial. Meanwhile, Mark Buckingham and my share of Miracleman isn't in any doubt at all. I didn't walk away from what Todd had; Todd simply couldn't demonstrate that he owned anything that I was walking away from.

We're in the concluding stages of talks to bring the Alan Moore Miracleman stories and the stories I wrote and Mark Buckingham drew back into print. (The stories are copyright Alan and me, the art is copyright by the artists who did it.)

Currently, I'm also one of the largest creditors of Todd's comic company.

I used to get hate mail from Image Fans accusing me of delaying the Image 10th anniversary book (which was due out in 2002) because, following the trial, I now co-owned the Cogliostro character, and people from Image were at one point, apparently, telling people that I was stopping the comic coming out, which came as rather a surprise to me, because it was the first I'd heard of it (and was also nonsense). Cynically, I can't help wondering if Todd claiming he's now putting Miracleman into the just-a-little-bit-late comic is just a way to put off actually publishing the comic for a few more years.