Phil Seleski?

Aomalle27 · Post by **Aomalle27** » Fri Feb 07, 2014 10:15 pm

Just wondering if VEI owns the rights to the character Phil Seleski (sans the Solar persona), or if that's public domain? I see that in their solicits for the new Solar ongoing, Dynamite is using the name Phil Seleski as their Solar, instead of the Doctor Solar name used by Gold Key and subsequently Dark Horse when they acquired the liscensing for the Gold Key characters, before reverting back to Western. Maybe this has been covered before, but I don't recall, and I'm wondering what the deal is. If Dynamite can use this character, what prevents them from using other VH1 characters?

BugsySig · Post by **BugsySig** » Fri Feb 07, 2014 10:36 pm

Yes, they own Phil Seleski and Erica Pierce.

Heath · Post by **Heath** » Fri Feb 07, 2014 11:00 pm

How is Dynamite getting away with using Phil Seleski?

xodacia81 · Post by **xodacia81** » Fri Feb 07, 2014 11:22 pm

Heath wrote:How is Dynamite getting away with using Phil Seleski?

Really good question. Is VEI leasing it to them?

Phoenix8008 · Post by **Phoenix8008** » Fri Feb 07, 2014 11:26 pm

xodacia81 wrote:
Heath wrote:How is Dynamite getting away with using Phil Seleski?
Really good question. Is VEI leasing it to them?

THAT would be hilarious! If VEI was actually making some money off of Dynamite doing this, I'd approve. Although I still wouldn't buy any of the Dynamite titles myself.

Elveen · Post by **Elveen** » Sat Feb 08, 2014 1:06 am

xodacia81 wrote:
Heath wrote:How is Dynamite getting away with using Phil Seleski?
Really good question. Is VEI leasing it to them?

No way, no chance.

Aomalle27 · Post by **Aomalle27** » Sat Feb 08, 2014 1:48 am

I would say it was just a typo on comic resources, but I checked Dynamite's own solicits page and it clearly states Phil Seleski. Hmmmm

Aomalle27 · Post by **Aomalle27** » Sat Feb 08, 2014 2:05 am

I also seem to remember that Gold Key/ Western held the rights to Turok Son of Stone, but not Turok Dinosaur Hunter, yet that's what Dynamite is utilizing for their new incarnation

Phantom · Post by **Phantom** » Sat Feb 08, 2014 2:30 am

good point.

will be interesting how this pans out.

comicsyte95 · Post by **comicsyte95** » Sat Feb 08, 2014 3:05 am

I don't think Dynamite has the rights to the name.If it is without permission and/if they don't have rights and isn't a typo it is a slap in the face to VEI.

Phantom · Post by **Phantom** » Sat Feb 08, 2014 3:12 am

most likely be a mistake.researching solar and reading through books ~ picked up the name, thought they could use it?
perhaps?
A letter from valiant to Dynamite, would stop its use.

If they care.

comicsyte95 · Post by **comicsyte95** » Sat Feb 08, 2014 3:28 am

Phantom wrote:most likely be a mistake.researching solar and reading through books ~ picked up the name, thought they could use it?

It could just be an honest mistake.but I remember an old quote on cops I saw a few weeks ago
" ignorance of the law is no excuse " .That could be applied here.

LABRADORIAN · Post by **LABRADORIAN** » Sat Feb 08, 2014 6:08 am

Maybe its possible that VE never owned the rights to Gold Key Characters even if you added the name Phil Seleski, if VE doesnt own the name then Dynamite has all the right in the world to use it.

bygranddesign · Post by **bygranddesign** » Sat Feb 08, 2014 6:57 am

BugsySig wrote:Yes, they own Phil Seleski and Erica Pierce.

does Hawkeye know this?

You might have to keep him away from sharp objects

BugsySig · Post by **BugsySig** » Sat Feb 08, 2014 8:16 am

Aomalle27 wrote:I also seem to remember that Gold Key/ Western held the rights to Turok Son of Stone, but not Turok Dinosaur Hunter, yet that's what Dynamite is utilizing for their new incarnation

I forget where I saw it (probably here on this board) but someone did a quick search for the rights to the name Turok Dinosaur Hunter and it is registered by someone at the parent company (random house, I believe) that owns (or owned) the Gold Key Characters.

Ladakh · Post by **Ladakh** » Sat Feb 08, 2014 12:57 pm

Jim Shooter owns the trademark on "Phil Seleski"... he named him.

magnusr · Post by **magnusr** » Sat Feb 08, 2014 12:58 pm

Knob Row wrote:Jim Shooter owns the trademark on "Phil Seleski"... he named him.

Wasn't it a relative of his?

/Magnus

Aomalle27 · Post by **Aomalle27** » Sat Feb 08, 2014 1:08 pm

magnusr wrote:
Knob Row wrote:Jim Shooter owns the trademark on "Phil Seleski"... he named him.
Wasn't it a relative of his?

/Magnus

If that's true, why was he not able to use the character during the Dark Horse reboot?
Doen't make sense that Shooter would own the trademark for the name either, since Shooter named a lot of VH1 characters.
VH1 wasn't a creator owned entity, If this was an old Image comic, I'd say that would be plausible, but not likely for VH1.

I'm wondering if there's legal wrangling going on right now, certainly with Dynamite actually using the properties, would establish "damages" per se, versus the potential misuse of a trademarked property. In which case, every issue of the infringed sold, (ie. I think Turok sold 37000) would be legally the right of the damaged party. (Thus VEI would actually profit from every issue of Dynamite infringed comics, at this point only Turok Dinosaur Hunter has infringed, potentially the solicits violate for Phil Seleski solar. If they actually use the character in print, then damages are established.

magnusr · Post by **magnusr** » Sat Feb 08, 2014 1:12 pm

Aomalle27 wrote:
magnusr wrote:
Knob Row wrote:Jim Shooter owns the trademark on "Phil Seleski"... he named him.
Wasn't it a relative of his?

/Magnus
If that's true, why was he not able to use the character during the Dark Horse reboot?
Doen't make sense that Shooter would own the trademark for the name either, since Shooter named a lot of VH1 characters.
VH1 wasn't a creator owned entity, If this was an old Image comic, I'd say that would be plausible, but not likely for VH1.

I'm wondering if there's legal wrangling going on right now, certainly with Dynamite actually using the properties, would establish "damages" per se, versus the potential misuse of a trademarked property. In which case, every issue of the infringed sold, (ie. I think Turok sold 37000) would be legally the right of the damaged party. (Thus VEI would actually profit from every issue of Dynamite infringed comics, at this point only Turok Dinosaur Hunter has infringed, potentially the solicits violate for Phil Seleski solar. If they actually use the character in print, then damages are established.

The matter of trademark does involve a lot more than who came up with the name originally. For instance, they have to be defended a lot more rigorously than copyrights, which there is a huge risk has not been done.

/Magnus

hawkeyeps · Post by **hawkeyeps** » Sat Feb 08, 2014 10:53 pm

bygranddesign wrote:
BugsySig wrote:Yes, they own Phil Seleski and Erica Pierce.

does Hawkeye know this?

You might have to keep him away from sharp objects

I think what Bugs is saying is that VEI owns Seleski and Pierce. While I can see a possible case for Seleski I can't see it for Erica, that was a new character created from VH1.

Same goes for Tekla, if she shows up in Magnus I would think something really stinks.

kjjohanson · Post by **kjjohanson** » Sat Feb 08, 2014 10:58 pm

Could it be the case that a common name can't be trademarked? If they're only using the name, but no other aspect of the character that was unique to the Valiant version then maybe it's legal?

lorddunlow · Post by **lorddunlow** » Sat Feb 08, 2014 11:37 pm

The fact that no one from VEI has come on here to clarify tells me there is probably some legal action being taken.

If it was in the free and clear for Dynamite to use, I would think Dino would have popped in to say "yeah, unfortunately, blah, blah..."

If it were a mistake and they had no rights to it, Dynamite would (or at should) have issued a retraction/correction.

The silence would occur if legal wrangling were happening.

xodacia81 · Post by **xodacia81** » Sat Feb 08, 2014 11:45 pm

This stinks of a Very Important Past incident. If you know what I mean.

hawkeyeps · Post by **hawkeyeps** » Sat Feb 08, 2014 11:50 pm

The Ashcan!! History repeating??

Like I say if Dynamite bites on Erica and Tekla something is seriously wrong

xodacia81 · Post by **xodacia81** » Sat Feb 08, 2014 11:52 pm

Aye

ValiantFans.com Board - Since 2004

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