UM Corporation v. Tsuburaya Productions Co. Ltd.

Copyright Infringement

Central District

U.S. District Judge André Birotte Jr.

Defense Lawyers: John B. Quinn, Bruce E. Van Dalsem, Daniel C. Posner, Ryan S. Goldstein, Zachary A. Schenkkan, Quinn Emanuel Urquhart & Sullivan LLP

Plaintiff’s Lawyers: Richard H. Zaitlen, Jeffrey D. Wexler, Michael Chibib, Timothy Rawson, Kelly W. Craven(former), Pillsbury Winthrop Shaw Pittman LLP

The Japanese superhero Ultraman frequently dukes it out with monsters in nerve-wracking battles. But the real-life fight for the rights to his franchise was at least as dramatic.

Tsuburaya Productions Company emerged victorious from a two-week trial in November when a federal jury confirmed it as the rightful owner of the complete works of Ultraman.

The verdict marked a significant milestone in Tsuburaya Productions’ 20-year struggle with rival UM Corporation over the lucrative distribution and marketing rights to the universe of Ultraman TV shows, movies and toys. UM Corporation v. Tsuburaya Productions Co. Ltd., 15-CV03764 (C.D. Cal., filed May 15, 2015).

“Ultraman is Tsuburaya’s life business,” said Tsuburaya attorney Ryan Goldstein of Quinn Emanuel Urquhart & Sullivan LLP. “This is what they do. And the importance of this case to them cannot be overstated.”

UM’s legal attacks have hampered Tsuburaya from marketing its product, including creating an Ultraman movie in the U.S. Daniel C. Posner, also of Quinn Emanuel, emphasized that having a verdict from a U.S. federal court will be a tremendous asset for Tsuburaya. But he also noted that there may be further suits in different countries.

And the case in Los Angeles isn’t over yet. UM counsel Michael Chibib of Pillsbury Winthrop Shaw Pittman LLP confirmed his client is attempting to overturn the verdict with a motion for judgment as a matter of law.

According to Chibib and co-counsel Jeff Wexler, the motion focuses on the relatively narrow issue of whether signatures on two documents from the 1970s bear the authentic signature of Noburu Tsuburaya — the former president of Tsuburaya, and the man who allegedly gave UM’s founder, Sompote Saengduenchai, the complete overseas rights to Ultraman.

“There’s a whole lot of Noburu Tsuburaya signatures out there we never got to see, and I think that’s a huge issue,” Chibib said.

Attorneys for Tsuburaya and UM agreed that the question of signatures played a key role in the trial. This presented an interesting challenge for Tsuburaya when its handwriting expert, Lloyd Cunningham, was forced to miss the trial because of a last-minute surgery.

Fortunately, Tsuburaya’s legal team was able to cobble together pieces from UM’s deposition of Cunningham that made for a pretty effective examination, Posner said.

Working with foreign witnesses proved to be another equally significant obstacle. During trial, both Tsuburaya and UM attorneys had to adjust to a slower pace for their examinations so interpreters could translate for witnesses.

Posner also noted that many of the witnesses had never dealt with discovery, depositions, or jury trials. Then there was the added complication of the Ultraman case focusing on events that transpired many decades ago.

— Eli Wolfe