Horizon Comics Productions has filed a copyright lawsuit against Marvel Entertainment over the likeness of an “Iron Man 3” poster and a piece of artwork from their comic book series, Radix. The lawsuit was originally dismissed in Massachusetts due to insufficient jurisdiction but has since been re-filed in New York.
The brothers who run Horizon Comics Productions, Ben and Ray Lai, have been diligent in pursuing Marvel over the similarities. Their persistence has gotten them a little further along as a judge has ruled there are, in fact, some non-identical similarities to consider.
Judge J. Paul Oetken examined both pieces of art and concluded that some of aspects like a “highly mechanized suit of armor” and “fighting pose” fell under the category of unprotected expression in the superhero and comic book genre. Other details were not as easily dismissed like the hairstyle of both characters, the use of blue light and color of the suits. He conceded that enough of the separate elements combined as a whole created a “total concept or feel” that was too similar to survive a motion to dismiss.