'Heroes' IP Suit Against NBC Needs 2nd Shot, 9th Circ. Hears

By Ciaran McEvoy (February 4, 2013, 6:18 PM EST) -- A comic book author suing NBC Universal Inc. for allegedly ripping off his work in the TV series "Heroes" urged the Ninth Circuit to revive his copyright infringement and unfair competition claims Monday, saying a trial judge used an overly rigorous test for the works' similarity in dismissing his lawsuit.

In oral arguments before a three-judge panel, attorney Theodore F. Shiells asked the appeals court to allow his client, Jazan Wild, to proceed with his complaint, which claims the carnival theme in the fourth season of NBC's show "Heroes" copied his graphic novel "Carnival of Souls."

In May 2011, U.S. District...

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