We’ve got some news of an interesting story via our very own Lan Pitts:
Apparently, a Bradenton, Fla., figurine maker is hitting some trouble with DC Comics. DC has claimed that it has told John Stacks to cease and desist creating resin figurines of the old Adam West Batman TV series for years. According to the Bradenton Herald, the lawsuit could reach up to $7.5 million.
Yet Stacks has claimed, both in person and on his website, that he is not creating figures of DC Comics characters, but figures of the actors while they were wearing costumes designed by Jan Jemp, while employed by William Dozier.
Stacks also claims that he was hardly making any money from the operation, and that he was doing it with the actors’ permission. Yet Burt Ward’s lawyer says there is no connection between Ward and Stacks.
“I don’t have the money to fight this, so I don’t know where I’m going to go with it,” Stacks said.
Boy, on the one hand, he seems like an easy retailer to buy out and incorporate for your own mass production ends, but on the other hand, that is a slippery slope if you allow someone to consistently violate your copyright, even for a small amount of money. What say you, Rama readers?
July 16th, 2009 at 2:21 pm
Here’s what I think about this: they should just buy him out. Hell, I really want one of each now. He’s not making really any money of of this, he would be smart to have the receipts to know that. DC should just buy him out and mass produce these things. I know my girlfriend would LOVE that Batgirl.
Though DC will probably go to court and it’ll be an open and shut case and this guy will probably be ruined for life. Now, the fact that they won’t buy him shows that if you rip off DC, don’t hope to get bought out and get away with infringement. It’s sad, but that’s how things are probably going to go down.
July 16th, 2009 at 2:26 pm
I remember back in the early 80s (I think) when the owners of the Lone Ranger forbade Clayton Moore to wear the mask at public appearances. So for a long while, he wore the white hat, red bandana, blue shirt and big wraparound sunglasses. If someone were to do a resin statue of Clayton Moore from this period, I doubt the owners of the Lone Ranger would be able to do anything about it.
On the other hand, after looking at his website, there’s no question those are DC’s characters (except Egghead–and maybe Batgirl, because she appeared on the show first, right?)
But, if Stacks has the permission of everybody who owns the rights to the TV show and Dozier’s production company, he may have a case. But he’s clearly trying to find a way to circumvent DC and Warner’s lawyer brigade.
July 16th, 2009 at 4:31 pm
This seems to be straying into the thorny territory of who owns the Batman TV series, but whoever owns it, 20th Century Fox or DC (they’re still fighting it out) it’s certainly not the show’s old producers. They may hold a financial interest in merchandizing, but 20th Century Fox would have to sign off on such a thing as well in order for any agreement to be legal.
July 16th, 2009 at 10:06 pm
Unfortunately, the guy is fighting a losing battle. He should either destroy the molds and offer them to DC and Warner Bros as compensation, and close shop.
It doesn’t look good publicity-wise for DC and Warner Bros to pursue the matter so thoroughly to push the guy into bankruptcy. It’s possible to make an example without being mean.
July 17th, 2009 at 5:52 am
“…he is not creating figures of DC Comics characters, but figures of the actors while they were wearing costumes…”
I’m afraid Stacks has a weak case. Even if it were the case, the actors or the estate of the deceased actors would take him to court for having their likenesses used without permission or compensation.
July 17th, 2009 at 6:30 am
This seems like a lose-lose for DC. Either they let a guy get away for copyright infringement or they push him into bankruptcy and look like a bunch of jerks. And for what? What would they gain from crushing someone that works on such a niche product?
July 17th, 2009 at 8:22 am
DC has to protect their trademark. Period.
Yeah, the guy is small potatoes. But, he’s also clearly in the wrong. And too stubborn to stop when first warned. His explanation is weak as well.
July 18th, 2009 at 10:17 pm
John Stacks made plenty of money from it. Might be a shocker to you, but he’s not telling the truth in the article.
I had dealings with Mr. Stacks and his wife several years ago, via ebay. Not with any bootleg resin models, but with other legit Batman tv show-related merchandise I bought as a gift.
After problems developed (my stuff never arrived, tracking numbers were fraudulent), I did some research on him: he’s a scumbag. He was a much-derided member of a 1960’s Batman TV show message board. When I went there just now, I found this:
http://www.66batman.com/cgi-bin/yabb…num=1247676795
I did ebay searches on him back then, once I found out what his main account was (I was dealing with one of his duals), and he was selling 10-15 of these $75 resin kits a month on ebay. Which makes me laugh when he claims in the article to have sold only 50 in ten years; that may even be what he was telling these “actors” he had contracts with, so he was ripping them off, too.
On ebay alone, he sold at least 50 in six months. He also had his web site and his comic book conventions he would have booths at.
I eventually got my items, after having the local postal inspector file a mail fraud case against him.
The guy is trash, and DC is right to enforce their copyright. They own Batman, period, and this thief was stealing from them.
From what I gathered, his kits were often substandard. This is where the “damages” part of the lawsuit comes in: making crappy products hurts the brand.
July 19th, 2009 at 8:21 pm
Looks like his site is down (if I have it right — http://www.johnnysresin.com/)
July 22nd, 2009 at 9:53 am
Shatmandu is correct, John Stacks has sold tons of these resin models over the years. He’s lying in the article. He is well known for his aggressive tactics in the hobby, stealing from others, not paying for services rendered, physically and financially threatening people who he has problems with. Nice to see he’s finally getting what’s due to him.
July 22nd, 2009 at 10:16 am
Stacks is one of the worst cyber-bullies you’d ever encounter, and he’s not all bluster because he’ll go all out to cause harm people who irritate him. He calls homes and insults spouses, calls bosses and tries to force disciplinary action or, even better, dismissal. His greatest asset is distance from the people he victimizes and the willingness to use Google and long-distance phone calls to go after them.
The man has made many enemies and doesn’t deserve any sympathy now that his glass house is shattering all around him.
August 17th, 2009 at 9:57 am
WOW !!I am blown away by some of these accusations . Some are near true others are way off. Pretty cool though that a couple people think I am a “Tough Guy” always wanted to be a tough guy now I am
Burt Ward did sign a contract but ran for cover as soon as the lawyers showed up. I also did his web-site and other things for him personally. I plan to write the entire story on the http://www.johnnysresin.com site. Good news is DC Comics and I have come to an amicable settlement . So I will move on with my life as others should.. Thanks John Stacks