Updates on Ken Penders’s Copyright Cases

Updates on Ken Penders’s Copyright Cases

by October 13, 2011

One’s Getting Very Nasty; The Other Just Getting Started

With New York Comic Con kicking off in a couple of hours, we wondered where things stood with Ken Penders, the former Archie Sonic comics writer at the center of two legal disputes concerning work he produced.

We checked up on the case he filed against Sega of America and Electronic Arts today, and that’s still slowly moving along, in the early discovery phases.  There is no public record as yet to indicate whether either company named as a defendant have even filed a response to the lawsuit yet, but Penders’s complaint again stems from those copyrights he filed for concerning the characters he developed while writing for the Sonic series.

The big one–the one in which Penders is named as a defendant against Archie comics–is getting quite nasty.  Much of it has to do with evidence Penders attempted to submit after the case’s discovery deadline.  Though Penders’s counsel filed a Motion in limine, asking a judge to admit certain evidence as part of the case, Archie’s attorneys struck back in recent weeks with a Motion to Strike said evidence and those efforts from the record, as well as a later motion attempting to sanction Penders in the case for those actions.  That evidence allegedly included correspondence Penders had with the US Copyright Office and other material.

The bottom line: With this sort of gamesmanship, expect Archie v. Penders to go to trial in the future.  We’ll keep you updated on anything more we learn in either matter.