As expected Marc Toberoff, attorney for the heirs of Jack Kirby, has filed a notice of appeal to the Second Court of Appeals. Toberoff is appealing the rulings of Judge Colleen McMahon, who issued a summary judgment in favor of Marvel in late July (see “Marvel Wins One in Kirby Suit”). The Judge ruled that Kirby’s co-creation of the founding characters of the Marvel Universe was “work for hire within the meaning of the Copyright Act of 1909.”
Toberoff, who specializes in intellectual property lawsuits (he is also representing the heirs of the Superman creators Siegel and Schuster in litigation against Warner Bros. see “DC, Warners Can Use Stolen Docs”), has had considerable success suing the Hollywood studios.  He is hardly ready to throw in the towel in his suit against Marvel. Toberoff told Deadline: “This is just the beginning.”