ComicBitsOnline.com

THIS IS BLACKTOWER

AND  THIS ISBLACKTOWER –Confusing?   

 

 

 

A few days ago I received an email from a Mr John Prentiss. Mr Prentiss informed me that he own Black Tower Comics,based in

California,and that I had to –had to mind you- stop using the name. Mr Prentiss’BlackTower was set up in 2006 and had not published anything yet and when I checked the internet..nothing.  My response,anyway,was to state that I’d no intention of stopping using the name. Nothing more from MrPrentiss.  

 On the 24th January,2008,I did a quick check of my Bulk file as Yahoo mail tends to send quite a few important messages there and spam to my Inbox! I stared twice at one mail headed: 

”A Potential Conflict With the ”

Black Tower” Name!” - Now this I had to read: 

 

“Hi, Terry, 

My name is Kelly J. Compeau and I’m a screenwriter/TV producer in

Ottawa,Canada. Back in 1997/98 I created what was to be a TV series conceptIntended for network television, entitled ‘The Black Tower’. Well, after pitching it to about 30 production companies over the years, I decided late last yearto turn the failed TV series idea into a comic book series.  

Right now, I’m developing what will soon become the official website for the comics series and when I went searching for an approriate domain name, you and your company, Black Tower Comics Group

UK, popped up.

 If you Google “Black Tower Comic Books” both your name and mine pop upon the first page.  

Although my comics, which I anticipate will be published byImage Comics in the

U.S. later this year, have the same title as your

 self-publishing company, I don’t really expect there to be any confusion. Do you?

 

We should discuss this before I pitch my comics series to Image and prepare a marketing campaign.  

Regards, 

Kelly J. Compeau” 

 

 

Well,having used the Black Tower Comics name and logo for 30+ years I thought I’d explain things–the

Black Tower going back even further than that.    

 My reply:  

“Hi,Kelly. 

The Black 

Tower is found on the Hooper Heraldic arms going back hundreds of years.  It has been in use as my publishing symbol since the 1970s [1978].  There was even a wrangle with Valiant Comics who used the black tower as a logo which I won and this is,or was,well documented on the net. Black Tower comics have also packaged and produced comics for companies in Europe and Asia,etc.,and as far back as 1987 [Amazing Heroes magazine] and 1988-92 Black Tower was prominent in articles in the comics newspaper by MU Press,Comic FX.  

Black Tower Comics is also working with studios on 3D animated series featuring its characters and a series of books should be out this Summer. 

 

I’ve used Black Tower Comics for over 30 years and I’m not retiring soon! 

  Returning in 2008 are Black Tower Comics Adventures,Black Tower Presents ,The Black Tower -Tales Of Horror and so on.  The BT logo will be prominent. 

 

I think,after all these years,publishers,comic fans,creators and people in the comic media might get a mite confused if a

Black Tower comic comes out.   

I was interviewed at length on Silver Bullet Comics [SBC online] -I think that is still up? This details some BlackTower history.  

 

BlackTower does not just self-publish. With Holliday & Associates launching theBlackTower publicity campaign later this Summer I think there WILL be a lot of confusion!  

If you use the title Black Tower Comics that would,indeed,infringe on copyright. 

There MAY be a way around this but I think Image would be very wary legally. Certainly,there is the idea of licensing the title for a limited series so long as there is a legal disclaimer that the comic BlackTower has nothing to do with Black Tower Comics?  

If you’ve seen CBO [ www.comicbitsonline.com ] you’ll see I’m a big supporter of Independent comics and I try to help as much as I can. 

 

Certainly your thoughts on this matter are most welcome. 

 

Cheers 

Terry” 

Now,as someone pointed out to me,several times,you cannot go on the internet without my name,Black Tower,etc.,”popping up everywhere”.  So my history is very well documented.  For instance…  

Comics Bulletin [formerly SBC online]at   

http://www.comicsbulletin.com/features/113264564940117.htm 

Info,etc.,on Down The Tubes at 

http://www.downthetubes.net/resources/comics_links/comics_artists/comics_artists_h.html 

Also at CBO –Comic Bits Online at: 

http://www.comicbitsonline.com/2007/07/26/phil-latter-talks-to-terry-hooper/

 

 

And I googled Kelly J.Compeau and there,on the second page,was a Myspace account but all that was there was a page header: “Kelly J. Compeau is gearing up to launch THE BLACK TOWER comic book series”    

You can,however,if you search find a site describing The Black Tower TV series proposal at: 

 

http://www.showbizmediaservices.com/blacktower.html

  

Nothing back from Ms Compeau yet.   These things happen. Far better to change the name of a TV series proposal you want to turn into a comic than trying to create confusion by using a name that’s been around three decades. Black Tower Comics may not be Marvel or DC but it’s something I’ve put many,many years into and I guard it vigorously.

 

And it seems that my suspicions of something being “off” were right.  I received this email -warning it is a long ramble- from Ms Compeau:

 

 

 

Hi, Terry.Thanks for getting back to me so quickly. I think their may have been some misunderstanding in my last email. There is no legal/copyright issue regarding the use of the title ”

Black Tower” for my graphic novel series. You can’t claim copyright over the title of an artistic work, whether that be a novel, a comic book series, a sculpture, painting or a poem, and there are literally dozens of instances of the use of the name “Black Tower”, as a company, business or corporate entity (see below and attached). I wasn’t really asking for your permission or for licensing rights to the name. I wanted to know what your thoughts and feelings were about me purchasing the “blacktowercomics” domain name. I thought it might be confusing and I wanted to get your input.While there is already a

Black Tower comic book series available on the Internet I don’t suspect there’ll be any confusion between that artistic work and mine. I do, however, want to negate any connection between my

Black Tower comics and your self-publishing/entertainment company. So, what I intend to do is, when I write about my comics on the Net, or do press interviews, I will use phrases such as “The Black Tower comic book series”, “The Black Tower graphic novel series”, “The Black Tower comic books” and “The Black Tower graphic novels”. I prefer to put the “The” in the title, as it’s been called that by my fans for many years, now, and written that way in contracts I have already signed with the talent that’s attached to the proejct. It is and will always be referred to by me (and hopefully the rest of the world) as THE BLACK TOWER.With all of this in mind, sir, I have decided not to purchase the blacktowercomics domain name. With this issue now resolved, perhaps you might want to address the fact that others (as listed below) are claiming ownership over your medieval tower/rook chess piece logo and have been using it for years, without your consent.Have a great weekend, Terry.Kelly J. Compeaucc: Dean Chenoy  - Heenan Blaikie, entertainment lawyersThe

Black TowerA novel by Phyllis Dorothy James, Baroness James of

Holland Park, copyright 1975The

Black TowerA poem by William Butler YeatsThe

Black TowerTV miniseries, 1985http://www.blacktower.netA fan website devoted to recently deceased fantasy book author James Oliver RigneyThe

Black Tower role-playing gameBased on the works of the above-mentioned writer, James Oliver Rigney“The Black Tower Comics”An independent comic book series based on the works of author James Oliver Rigney“Black Tower Pixels”A webdesign firm in the

Netherlands

Black Tower Security ServicesUses a medieval tower/rook chess piece in its logo

Black Tower KennelA dog kennel that uses the exact same logo as Black Tower Security. Black Tower Graphics – the graphic design firm that created the Black Tower Kennel website also claims ownership of the medieval tower/rook chess piece logo

Black Tower RecordsIndependent music producers that uses a medieval tower/rook chess piece as its corporate logo

Black Tower PublishingA German comic book publisher that also uses a medieval tower/rook chess piece as its corporate logo

Black Tower EnterprisesA medieval armor manufacturer that uses a medieval tower/rook chess piece as its corporate logoThe

Black TowerMedieval actors/role playing gameThe

Black Tower Productions

Independent death metal music producers/sellers

 

Now,what was all this about?  I suspected pre-publishing publicity?  So,I wrote back:

 

“Hi,Kelly.

I’m very confused. Why did you drag me into this if you were not concerned that there might be confusion? 

Also,WHY are you forwarding a copy of what I assumed was private correspondence to lawyers?? 

And WHY are you assuming that I am disputing any use of the words Black Tower -there is a Black Tower wine company in the UK?  There is a “Schwarze Turm” [Black Tower] comic publisher in Germany so what?

YOU contacted me -check your heading of “A Potential Conflict With The “Black Tower” name”!

As I was quite friendly in my response all I can assume is that this may be confrontational for publicity reasons? 

I’m not entering into this type of exchange.  Your lawyers can rest easy.

T.Hooper”

Valiant,AOL-Time Warner and IPC lawyers have not worried me and I’m losing no sleep over this but will watch Image closely.