DrNobody18 said:
And he didn't think that DC might take exception to him making a fortune off their designs and logo's why, exactly? Seriously, how out of it do you have to be to think that you can get away with this, a full-size counterfeit bat-car selling business with website and all isn't exactly subtle.
Well, we're making a big assumption that he didn't ask to be honest. In a lot of cases where something this flagrent is going on, you have someone who DOES ask to do something like this, gets permission verbally, goes ahead and does it, but then becomes profitable enough to sue and winds up in a position without any paperwork or witnesses to a "verbal contract".
This is a big deal in Hollywood in paticular where there is a long history of business being done literally on a handshake. Contract law can be a mess, and I tend to think back to one case a while back where Kim Basinger wound up in court over her alleged agreement to appear in the movie "Boxing Helena", which she denied. She wound up losing the case and suffering millions in losses (well potentially) but then overturned it in an appeal. It's not all that famous a case right now, but it gets down to how messed up contract law is, and how dubious things like this can be.
Speaking entirely for myself, unless I missed something in the article where the guy said he didn't have permission, I'd tend to believe this is going to get complicated. Especially seeing as if the guy has a brain, even if it's a lie, he can probably give DC enough of a headache to give up on financial compensation (and just get him to agree to stop) by claiming he had a verbal contract gained by asking if it was okay to do.
See, verbal contract is a mess with a good lawyer, because while it can be argued that someone who says someone said something was okay didn't have the authority to make a deal like that, a lot also depends on whether the other party knew they didn't have that authority. I probably wouldn't win if I was trying to get something out of someone, but with a decent lawyer if I had three buddies agree to lie on my behalf about someone I "really believed was in a position of authority to make this desician" telling me something was okay, I could probably get a lawsuit to back off since when a jury is involved in a civil case it comes down to a preponderance of evidence, and clear and convincing testimony, the same standards to presenting evidence don't exist that are in a criminal trial.
Simply put, I doubt this guy is going to really have more happen to him than having to close down his business. If he has an intimidating enough lawyer, I doubt he'll even have to hand over the money he made so far... unless of course he already SAID he knew he didn't have permission... assuming of course that he DIDN'T ask DC to begin with, and that's always possible because he's operating so publically. It's not some kind of shady, backroom business run by a guy who was apparently afraid of prosecution. He also apparently operated long enough where it also raises some questions.