Below is the November 8, 1982 case dismissal filing in Gerber v. Cadence Industries, et al., and Judge David Kenyon’s accompanying dismissal order. This is filing #130 on the court docket (click here).
Through his attorney Henry Holmes, Steve Gerber acknowledged in an included September 24, 1982 statement that all work he did for Marvel with regard to Howard the Duck was done on a work-made-for-hire basis. He further acknowledged that Cadence Industries, Marvel’s corporate parent, owned full title to all intellectual property rights related to the character. With these acknowledgements, the issues in the lawsuit were declared resolved by all parties. This agreement was apparently made in tandem with a “consulting agreement” that was not filed with the court.
Gerber subsequently alleged the “consulting agreement” contained a confidentiality clause that prohibited his discussing its contents.
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