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Supreme Court Rejects DeCarlo Appeal
by Michael Dean

Dan DeCarlo's legal bid to claim ownership of Josie and the Pussycats from Archie Comics ran up against another in a series of dead ends Dec. 11, when the Supreme Court rejected an appeal which could have had far-reaching implications for the entertainment industry.

The appeal, filed by DeCarlo's attorney Whitney Seymour Jr., argued that DeCarlo's case should be decided as a matter of state property law rather than under federal copyright law. Drawing from copyright law, a federal district court ruled earlier this year that the copyright for Josie and the Pussycats resides with Archie and that DeCarlo's challenge has come 40 years too late. The decision was affirmed by the Second Circuit Court of Appeals.

Still unresolved is a suit by Archie seeking an injunction against any future claims of ownership by DeCarlo over the characters Sabrina and Cheryl Blossom. Seymour told the Journal DeCarlo would fight that injunction and has filed for copyrights on both characters. Archie publisher Michael Silberkleit declined to comment.

Full coverage of this story will appear in TCJ #240.


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