Summary Judgment for Defendants in "The Dark Tower" Case (2019)

March 4, 2019

In DuBay v King, et al., plaintiff claimed that a copyright in a 1970’s  Eerie Magazine character called The Rook was infringed by the character of the protagonist Roland in Stephen King’s epic series of prose novels, The Dark Tower, and in the subsequent Marvel Entertainment graphic novels, as well as the 2017 theatrical film The Dark Tower.  LP&S represented all of the defendants, and on motion, the court granted summary judgment to all defendants, explaining that no reasonable trier of fact could find that defendants’ works were substantially similar in protectible expression to the allegedly infringed work. 2019 WL 1090367 (M.D. Fla., March 4, 2019).