Marvel Worldwide, Inc. et al v. Kirby et al

Filing 114

DECLARATION of Marc Toberoff (Reply) in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Toberoff, Marc)

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like that in the room helping flesh out whatever ideas you had, change them, and bring in his input. I'm not saying Stan is lying. I'm saying he's I

choosing his words carefully, remembering a version.

disagree with Stan about some aspects of Marvel history. We've had friendly arguments about certain issues and certain comics and how things came about and how they were published. And sometimes I get him to agree with me. I

show him evidence. Q. Well, one thing we've established, during this

period from '58 to '63, Stan was there, and you weren't. A. Q. Yes. You say in your expert report at page 15

carrying over to 16 that "It is also worth noting that Stan Lee did not create any important characters either before Jack Kirby first worked with Lee or after Jack Kirby stopped working with Lee in 1970." Do you see that bottom of 15 over to 16 in your report? A. Q. Hold on here. Yes, I see that.

After he stopped working for Lee in 1970, what

successful characters did Kirby create? A. New Gods. Well, he created a series for DC called The Featured a villain called Dark Side, one of the Did a book

most important villains in Allied DC Comics.

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called Commandee for DC that ran for quite awhile.

He

went back to Marvel and created a book called Machine Man, and a book called The Eternals, which they keep reviving both of those. And it had a best-selling series of

reprints of those. He created a book -- well, if you want to go through the list, for DC he created The New Gods, The Forever People, Mr. Miracle. Some of these were ideas

that he had while he was still at Marvel but they were published first by DC. The Demon, Commandee. He did --

and each one of these comics had many, many spin off characters who are now toys and games and even go out to the toy store and buy model figures of an awful lot of these characters that he created for DC in the early 70s. Then he went to work for Marvel, back to Marvel for a while. And he did The Eternals. And I

mentioned he did Machine Man.

He did -- he went back to And he introduced

Captain America and the Black Panther.

a lot of supporting characters in those books which have since been used over and over. He then went to work for Pacific Comics, and he did Captain Victory and Silver Star. Q. A. Q. Anything else? There's a lot of other lesser characters. And what's your definition of successful in

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