No. 19-1290

Michael T. Bennett v. Marvel Entertainment, LLC

Lower Court: Eleventh Circuit
Docketed: 2020-05-14
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: admissions-of-guilt character-design civil-procedure copyright-infringement damages defamation discovery intellectual-property plagiarism poor-man's-copyright standing
Key Terms:
Copyright
Latest Conference: 2020-12-04 (distributed 2 times)
Question Presented (AI Summary)

If the Court finds that the Marvel Character 'Falcon' in the 2014 Captain America The Winter Soldier movie looks strikingly similar from the neck down to my character 'Owl' from the Owl book covers would this give more validity to my claim that Marvel/Mark Millar is stealing Intellectual Property from me?

Question Presented (OCR Extract)

Questions Presented for Review 1. If the Court finds that the Marvel Character “Falcon” in the 2014 Captain. America The Winter Soldier movie looks strikingly similar from the neck down to my character “Owl” from the Owl book covers would this give more validity to my claim that Marvel/Mark Millar is stealing Intellectual Property from me? 2. In the beginning my case was based on 3 Marvel movies and 1 Marvel TV show when damages were stated to be 1.2 Billion dollars but because Marvel/Mark Millar refuse to stop stealing Owl IP from me my case now encompasses over a dozen 2011-2019 Marvel Avenger series movies and 1 Marvel TV show, should the. Supreme Court increase damages? 8. If I can prove beyond a reasonable doubt with Marvel/Mark Millar’s own “Admissions of Guilt” that not only are they specifically stealing Owl IP from me ; but they even have to rub my nose in the fact that they are stealing from me by taunting and threating me with their plagiarism and their ability to steal my identity by hacking my phone, would this give more validly to my case? 4. Have I provided enough evidence to meet the Supreme Court's Standard that it is reasonable to expect that Discovery will lead to more evidence supporting my claim? 5. During the 3 year course of my case Marvel/Mark Millar has not presented any evidence that their characters were looking like or acting like my character “Owl”; so is it reasonable to assume that Marvel/Mark Millar have no evidence to support that their characters looked or acted in a way I have accused them of before I answered their Ad on their website for submissions in 2008? 6. There are pictures of my 2008 “Poor Man’s” Copyright envelope on my 2011 Defamation Campaign Proof CD, I turned my 2008 “Poor Man’s” Copyright to the State Court’s Clerks office, does the existence of my 2008 “Poor Man’s” Copyright have any bearing on the legality of my case? 7. I provided a copy of my 2011 Defamation Campaign Proof CD to the State Court and the defense when I process served them; The defense did not provide me a copy of 2011 CD when they removed my case from the State Court; if the defense omitted important case evidence like my 2011 Defamation Campaign Proof CD when they removed my case from the State Court would this have any bearing on the legality of my case? t 8. Have I provided enough evidence to meet the Supreme Court’s Standard that Marvel/Mark Millar not only stole almost every sentence and every detail from my Owl books and Owl illustrations but also stole my form of expression and style? 9. Because I was under the false impression that I did not properly process serve Mark Millar and wrote in my motion to remove Mark Millar as a Defendant I would make every effort to properly process serve Mark Millar if I had not and I only wanted Mark Millar removed if it would fix my case, so my case could move on and because this motion did not fix my case should Mark Millar remain as a Defendant? u

Docket Entries

2020-12-07
Rehearing DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-10-29
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-06-17
DISTRIBUTED for Conference of 9/29/2020.
2020-06-09
Waiver of right of respondent Marvel Entertainment, LLC to respond filed.
2020-03-05
Petition for a writ of certiorari filed. (Response due June 15, 2020)

Attorneys

Marvel Entertainment, LLC
Jason RosenbergAlston & Bird, LLP, Respondent
Michael Bennett
Michael Bennett — Petitioner