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`ESTTA Tracking number:
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`ESTTA778747
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`Filing date:
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`10/24/2016
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
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`91219851
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's e-mail
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`Signature
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`Date
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`Attachments
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`Plaintiff
`DC COMICS
`
`JAMES D WEINBERGER
`FROSS ZELNICK LEHRMAN & ZISSU PC
`866 UNITED NATIONS PLAZA, 6TH FLOOR
`NEW YORK, NY 10017
`UNITED STATES
`lkittay@fzlz.com, jweinberger@fzlz.com
`
`Plaintiff's Notice of Reliance
`
`Leo Kittay
`
`lkittay@fzlz.com, jweinberger@fzlz.com, mortiz@fzlz.com
`
`/Leo Kittay/
`
`10/24/2016
`
`Notice of Reliance on Printed Media F2078603x96B9E.pdf(544690 bytes )
`Exhibit 104 -367 F2079183x96B9E.PDF(5462852 bytes )
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
`
`Opposer,
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`Opposition No. 91219851
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`DC COMICS,
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`v.
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`DEANNE RIVETTI
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`Applicant.
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`OPPPOSER’S NOTICE OF RELIANCE ON PRINTED PUBLICATIONS
`DC Comics (“Opposer”) hereby makes of record and notifies Applicant of its reliance on
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`the following copies of printed publications, submitted pursuant to Rule 2.122(e) of the Trademark
`
`Rules of Practice, 37 C.F.R. § 2.122(e), TBMP § 704.08, and Fed. R. Evid. 401.
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`
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`These printed publications are relevant to show the history, development, notoriety, strength
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`and fame of Superman, Supergirl, Superwoman and Super Friends characters and Opposer’s
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`SUPER-formative marks.
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`1. “The top 10 gaming stories of 2011.” CNN Wire. Published December 30, 2011 (DCSW
`0002565 – 2568). Attached hereto as Opposer’s Exhibit 104.
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`2. “Marvel Wins Court Battle Over Ghost Rider.” The New York Times. Published
`December 30, 2011 (DCSW 0002568 – 2569). Attached hereto as Opposer’s Exhibit
`105.
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`3. “Defining the departed differs by generation; Heroes and villains judged by the living in
`farewells this year.” USA TODAY. Published December 29, 2011 (DCSW 0002570 –
`2572). Attached hereto as Opposer’s Exhibit 106.
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`4. “Inside the List.” The New York Times. Published December 25, 2011 (DCSW 0002574
`– 2575). Attached hereto as Opposer’s Exhibit 107.
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`5. “The year in pop culture.” San Jose Mercury News (California), December 21, 2011
`(DCSW 0002589 – 2592). Attached hereto as Opposer’s Exhibit 108.
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`6. “Obituaries; Joe Simon, 1913 - 2011; Comic book industry titan co-created Captain
`America.” Los Angeles Times. December 17, 2011 (DCSW 0002597 – 2599). Attached
`hereto as Opposer’s Exhibit 109.
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`7. “Zadzooks: Heroes here to save holiday shopping day.” The Washington Times.
`December 15, 2011 (DCSW 0002599 – 2602). Attached hereto as Opposer’s Exhibit
`110.
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`8. “Jerry Robinson, 89, Godfather of a Comic-Book Villain.” The New York Times.
`December 9, 2011 (DCSW 0002615 – 2617). Attached hereto as Opposer’s Exhibit 111.
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`9. “A Tv Fan's Santaland; These Reviews Can Help You Select The Right Dvd As A
`Holiday Gift.” Pittsburgh Post-Gazette. December 7, 2011 (DCSW 0002637 – 2643).
`Attached hereto as Opposer’s Exhibit 112.
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`10. “'Artifacts’ aims to build Top Cow’s readership; Sci-fi, fantasy elements could expand
`appeal beyond comics fans.” USA TODAY. December 6, 2011 (DCSW 0002646 –
`2647). Attached hereto as Opposer’s Exhibit 113.
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`11. “New DC Comics’ series off to a solid start.” The Union Leader (Manchester, NH).
`December 04, 2011 (DCSW 0002653 – 2655). Attached hereto as Opposer’s Exhibit
`114.
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`12. “Movies, TV series, cartoons and more.” USA TODAY. December 2, 2011 (DCSW
`0002657 – 2661). Attached hereto as Opposer’s Exhibit 115.
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`13. “America’s Hottest Brands; Dc Comics.” Advertising Age. November 28, 2011 (DCSW
`0002671 – 2672). Attached hereto as Opposer’s Exhibit 116.
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`14. “Holiday Gift Guide; HERO COMPLEX; Hey, baby, check out Superman.” Los Angeles
`Times. November 26, 2011 (DCSW 0002677 – 2679). Attached hereto as Opposer’s
`Exhibit 117.
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`15. “Black POW!-er.” The Chronicle of Higher Education. November 20, 2011 (DCSW
`0002681 – 2683). Attached hereto as Opposer’s Exhibit 118.
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`16. “Les Daniels, 68, Historian of Comic Books in America.” The New York Times.
`November 18, 2011 (DCSW 0002636 – 2637). Attached hereto as Opposer’s Exhibit
`119.
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`17. “Comic Books Becoming A Lost Art?” Herald News (Passaic County, NJ). November
`14, 2011 (DCSW 0002693 – 2694). Attached hereto as Opposer’s Exhibit 120.
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`18. “Cavill strikes with ‘Immortals,’ ‘Man of Steel.’” The Associated Press. November 10,
`2011 (DCSW 0002700 – 2702). Attached hereto as Opposer’s Exhibit 121.
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`19. “Hero Complex; Wonder Woman’s mythic makeover.” Los Angeles Times November 5,
`2011 (DCSW 0002712 – 2714). Attached hereto as Opposer’s Exhibit 122.
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`20. “Boosted by relaunch, DC overtakes Marvel.” The Associated Press. November 4, 2011
`(DCSW 0002718 – 2719). Attached hereto as Opposer’s Exhibit 123.
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`21. “History’s fine messes.” Plain Dealer (Cleveland, OH). October 24, 2011 (DCSW
`0002751 – 2753). Attached hereto as Opposer’s Exhibit 124.
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`22. “Muslim Superhero Comics Gain Fans and Controversy.” States News Service. October
`21, 2011 (DCSW 0002755 – 2757). Attached hereto as Opposer’s Exhibit 125.
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`23. “Sex, violence, and . . . superheroes?” The Boston Globe. October 19, 2011 (DCSW
`0002757 – 2758). Attached hereto as Opposer’s Exhibit 126.
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`24. “Truth, justice, and plenty of violence; DC Comics reboot is brutal and racy, but it is also
`reviving sales.” The Boston Globe. October 15, 2011 (DCSW 0002775 – 2777).
`Attached hereto as Opposer’s Exhibit 127.
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`25. “Comic bull’s-eye.” Chicago Tribune. October 14, 2011 (DCSW 0002784 – 2785 ).
`Attached hereto as Opposer’s Exhibit 128.
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`26. “Rebound via reboot; Sales of DC’s comicbooks sizzling.” Daily Variety. October 14,
`2011 (DCSW 0002786). Attached hereto as Opposer’s Exhibit 129.
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`27. “Post-relaunch, DC sells more than 5M comics.” The Associated Press. October 13,
`2011 (DCSW 0002796 – 2797). Attached hereto as Opposer’s Exhibit 130.
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`28. “Along the Heated Trail of the Man Who Created Muslim Superheroes.” The New York
`Times. October 13, 2011 (DCSW 0002798 – 2800). Attached hereto as Opposer’s
`Exhibit 131.
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`29. “Muslim comic series aims to break through in US.” The Associated Press. October, 12,
`2011 (DCSW 0002803 – 2805). Attached hereto as Opposer’s Exhibit 132.
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`30. “A Superhero’s Crash Landing – Sadly, the solution won’t be arriving in costume.” The
`Oregonian (Portland Oregon). October 12, 2011 (DCSW 0002808 – 2810). Attached
`hereto as Opposer’s Exhibit 133.
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`31. “Heroes & Villains: Sci-Fi And Comic Book Fans Pilgrimage To The Comiccon
`Festivities This Week.” The New York Post. October 9, 2011 (DCSW 0002824 – 2826).
`Attached hereto as Opposer’s Exhibit 134.
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`32. “Alex Ross’ comic-book art shows influences including Norman Rockwell.” Pittsburgh
`Tribune Review. October 9, 2011 (DCSW 0002826 – 2828). Attached hereto as
`Opposer’s Exhibit 135.
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`33. “Company Town; DC Comics deal produces backlash; Barnes & Noble won't stock
`physical books that it can't also sell on its Nook e-reader.” Los Angeles Times. October 8,
`2011 (DCSW 0002828 – 2829). Attached hereto as Opposer’s Exhibit 136.
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`34. “UPI NewsTrack Entertainment New.” UPI. October 8, 2011 (DCSW 0002829 – 2832).
`Attached hereto as Opposer’s Exhibit 137.
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`35. “Best Sellers: Hardcover Graphic Books: Sunday, October 2nd 2011.” The New York
`Times. October 2, 2011 (DCSW 0002841 – 2842). Attached hereto as Opposer’s Exhibit
`138.
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`36. “Your Turn.” San Antonio Express-News. October 2, 2011 (DCSW 0002842 – 2844).
`Attached hereto as Opposer’s Exhibit 139.
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`37. “So Far, Sales for New DC Comics Are Super.” The New York Times. October 1, 2011
`(DCSW 0002844 – 2846). Attached hereto as Opposer’s Exhibit 140.
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`38. “Not All Superheroes Are Equal (At Least the Second Time Around).” The New York
`Times. October 1, 2011 (DCSW 0002846 – 2847). Attached hereto as Opposer’s
`Exhibit 141.
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`39. “Brush With Superheroes; Alex Ross Puts Batman, Superman And The Dc; Marvel Crew
`On The Canvas.” Pittsburgh Post-Gazette (Pennsylvania). September 29, 2011 (DCSW
`0002851 – 2854). Attached hereto as Opposer’s Exhibit 142.
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`40. “Jack Adler, 93, Longtime Comics Artist.” Washington Jewish Week. September 29,
`2011 (DCSW 0002860 – 2861). Attached hereto as Opposer’s Exhibit 143.
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`41. “Final week of DC’s ‘All New 52’: The big guys add some punch; Aquaman, the Flash,
`Hawkman, and Superman headline the last batch of first issues of revamped story lines
`from DC Comics.” The Christian Science Monitor. September 28, 2011 (DCSW
`0002862 – 2863). Attached hereto as Opposer’s Exhibit 144.
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`42. “Best Sellers: Hardcover Graphic Books: Sunday, September 25th 2011.” The New York
`Times. September 25, 2011 (DCSW 0002909 – 2910). Attached hereto as Opposer’s
`Exhibit 145.
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`43. “Police and fellow fans swoop in after comic books stolen \ Theft of Illinois man's
`Superman collection stirs outpouring and arrest.” Chicago Tribune. September 21, 2011
`(DCSW 0002918 – 2920). Attached hereto as Opposer’s Exhibit 146.
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`44. “Women are in the spotlight as DC Comics 'All New 52' rollout continues; Wonder
`Woman, Supergirl, Catwoman, and the Birds of Prey are among the 12 new #1's this
`week.” The Christian Science Monitor. September 21, 2011 (DCSW 0002921 – 2922).
`Attached hereto as Opposer’s Exhibit 147.
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`45. “The 99' aspires to teach Muslim principles; Superheroes burst onto U.S. scene.” USA
`TODAY. September 20, 2011 (DCSW 0002928 – 2930). Attached hereto as Opposer’s
`Exhibit 148.
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`46. “Best Sellers: Hardcover Graphic Books: Sunday, September 18th 2011.” The New York
`Times. September 18, 2011 (DCSW 0002935 – 2936). Attached hereto as Opposer’s
`Exhibit 149.
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`47. “DC Comics Writer Resigns From 'Static Shock'.” The New York Times. September 17,
`2011 (DCSW 0002940). Attached hereto as Opposer’s Exhibit 150.
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`48. “EXCHANGE: Comic fans help Granite City man.” The Associated Press State & Local
`Wire. September 12, 2011 (DCSW 0002956 – 2957). Attached hereto as Opposer’s
`Exhibit 151.
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`49. “Best Sellers: Hardcover Graphic Books: Sunday, September 11th 2011.” The New York
`Times. September 11, 2011 (DCSW 0002958). Attached hereto as Opposer’s Exhibit
`152.
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`50. “The top 10 gaming stories of 2011.” CNN Wire. December 30, 2011 (DCSW 0002565
`– 2568). Attached hereto as Opposer’s Exhibit 153.
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`51. “The year in pop culture.” San Jose Mercury News. December 21, 2011 (DCSW 0002589
`– 2592). Attached hereto as Opposer’s Exhibit 154.
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`52. “Here's a new power couple: Green Arrow marries Black Canary.” Plain Dealer
`(Cleveland). September 3, 2007 (DCSW 0006302 – 6303). Attached hereto as
`Opposer’s Exhibit 155.
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`53. “Comic Proportions.” Creative Loafing (Charlotte, North Carolina). August 29, 2007 -
`September 4, 2007 (DCSW 0006309 – 6311). Attached hereto as Opposer’s Exhibit
`156.
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`54. “THE BIZ; Filmmakers' preemptive strike.” Los Angeles Times. August 26, 2007
`(DCSW 0006311 – 6315). Attached hereto as Opposer’s Exhibit 157.
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`55. “Drawing power! Comic conventions hook movie, TV fans, too.” Chicago Daily Herald.
`August 10, 2007 (DCSW 0006333 – 6336). Attached hereto as Opposer’s Exhibit 158.
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`56. “Graphic Novel Captures ‘Heroes.’” Asbury Park Press (New Jersey). August 3, 2007
`(DCSW 0006336 – 6337). Attached hereto as Opposer’s Exhibit 159.
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`57. “Words And Pictures: A reporter's life? Who knew?” The Atlanta Journal-Constitution.
`July 28, 2007 (DCSW 0006353 – 6356). Attached hereto as Opposer’s Exhibit 160.
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`58. “COMIC-CON WATCH; Caped crusaders crowd the room.” Los Angeles Times. July
`27, 2007 (DCSW 0006359 – 6360). Attached hereto as Opposer’s Exhibit 161.
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`59. “Epic Comic Book Miniseries Is Animated for DVD.” The New York Times. July 21,
`2007 (DCSW 0006376 – 6378). Attached hereto as Opposer’s Exhibit 162.
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`60. “The Superhero as Society's Mirror, From World War II to Iraq.” The New York Times.
`July 14, 2007 (DCSW 0006393 – 6395). Attached hereto as Opposer’s Exhibit 163.
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`61. “Analysts watching Mattel see strong Fisher-Price, weak Barbie results in 2Q.” The
`Associated Press. July 13, 2007 (DCSW 0006397 – 6398). Attached hereto as
`Opposer’s Exhibit 164.
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`62. “An Escape From the Slush Pile: A Web Site Tries Out New Comics.” The New York
`Times. July 9, 2007 (DCSW 0006412 – 6413). Attached hereto as Opposer’s Exhibit
`165.
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`63. “Where Do Hit Pics Come From?” Variety. July 9, 2007 - July 15, 2007 (DCSW
`0006416 – 6418). Attached hereto as Opposer’s Exhibit 166.
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`64. “'Covergirls' celebrates women of DC.” The Gazette (Colorado Springs, Colorado). July
`8, 2007 (DCSW 0006419 – 6420). Attached hereto as Opposer’s Exhibit 167.
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`65. “Mattel Inc. and DC Comics sign master toy license.” The Associated Press. June 30,
`2007 (DCSW 0006428 – 6429). Attached hereto as Opposer’s Exhibit 168.
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`66. “Comic Books Offer a Glimpse Into Social History.” The Chronicle of Philanthropy.
`June 29, 2007 (DCSW 0006437 – 6438). Attached hereto as Opposer’s Exhibit 169.
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`67. “Warner Toys With Mattel.” Daily Variety June 29, 2007 (DCSW 0006440 – 6441).
`Attached hereto as Opposer’s Exhibit 170.
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`68. “'High School Musical' out on DVD.” The Detroit News (Michigan). June 26, 2007
`(DCSW 0006448 – 6449). Attached hereto as Opposer’s Exhibit 171.
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`69. “Fans get word of new titles at Wizard World convention.” University Wire. June 25,
`2007 (DCSW 0006451 – 6452). Attached hereto as Opposer’s Exhibit 172.
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`70. “Spidey's laptop spins Web of learning fun.” The Washington Times. June 24, 2007
`(DCSW 0006456 – 6458). Attached hereto as Opposer’s Exhibit 173.
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`71. “Bone creator sees skies sunny ahead for industry.” The Washington Times. June 23,
`2007 (DCSW 0006458 – 6460). Attached hereto as Opposer’s Exhibit 174.
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`72. “Big 'League' play Daily.” Variety. June 18, 2007 (DCSW 0006466 – 6467). Attached
`hereto as Opposer’s Exhibit 175.
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`73. “Cartoonist relishes his super job – ‘Phantom’ artist draws on his childhood dreams.” The
`Boston Globe. June 17, 2007 (DCSW 0006470 – 6471). Attached hereto as Opposer’s
`Exhibit 176.
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`74. “Supersized Issue Celebrates 850 Superman Issues.” The Post-Standard. June 17, 2007
`(DCSW 0006474 – 6476). Attached hereto as Opposer’s Exhibit 177.
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`75. “Crime Fighters; Superheroines make their mark on the pages of comic books;
`Womanpower.” The Houston Chronicle. June 16, 2007 (DCSW 0006476 – 6479).
`Attached hereto as Opposer’s Exhibit 178.
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`76. “‘Avengers’ are heroes on horizon.” The Hollywood Reporter. June 14, 2007 (DCSW
`0006481 – 6482). Attached hereto as Opposer’s Exhibit 179.
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`77. “Hall of Justice arrives at Six Flags’ Gotham City.” The Washington Times. June 9,
`2007 (DCSW 0006489 – 6491). Attached hereto as Opposer’s Exhibit 180.
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`78. “What's Out Now.” Daily Press (Newport News, Virginia). June 7, 2007 (DCSW
`0006496 – 6501). Attached hereto as Opposer’s Exhibit 181.
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`79. “Film Reporter.” The Hollywood Reporter. May 31, 2007 (DCSW 0006511 – 6512).
`Attached hereto as Opposer’s Exhibit 182.
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`80. “Warner Bros. Pictures Takes "The Dark Knight" to the IMAX; Groundbreaking Use of
`IMAX® Cameras in the Filming of a Major Motion Picture Will Result in an Enhanced
`Viewing Experience for All Audiences.” Business Wire. May 29, 2007 (DCSW
`0006520 – 6522). Attached hereto as Opposer’s Exhibit 183.
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`81. “Adopting the Hollywood Model for Comic Books, Producers and All.” The New York
`Times. May 26, 2007 (DCSW 0006522 – 6524). Attached hereto as Opposer’s Exhibit
`184.
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`82. “A ‘World’ Well Worth Exploring.” The Star-Ledger (Newark, New Jersey). May 26,
`2007 (DCSW 0006524 – 6525). Attached hereto as Opposer’s Exhibit 185.
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`83. “Enter the Comic Realm.” Chambersburg Public Opinion (Pennsylvania). May 19,
`2007 (DCSW 0006540 – 6542). Attached hereto as Opposer’s Exhibit 186.
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`84. “Small Business; Flexibility; Couple takes the independent route to making dramatic
`stories pay the bills; World of comics is a lasting draw.” The Houston Chronicle. May
`13, 2007 (DCSW 0006560 – 6562). Attached hereto as Opposer’s Exhibit 187.
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`85. “Authors Like King, Lethem Trying Comics.” Associated Press. Online May 13, 2007
`(DCSW 0006564 – 6567). Attached hereto as Opposer’s Exhibit 188.
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`86. “Unsolicited E-mail Lands Him a Comic Book Career.” Chicago Tribune. May 10, 2007
`(DCSW 0006573 – 6575). Attached hereto as Opposer’s Exhibit 189.
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`87. “Superhero Worship, Gotham to Riverdale.” The New York Times. May 4, 2007 (DCSW
`0006591 – 6594). Attached hereto as Opposer’s Exhibit 190.
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`88. “Masked Crusaders; A wave of multicultural offerings for kids has birthed a handful of
`heroes of Latino descent. Here is a look at a few of them from television, movies and
`comic books.” Chicago Tribune. April, 29, 2007 (DCSW 0006616 – 6619). Attached
`hereto as Opposer’s Exhibit 191.
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`89. “Revenge of the Dark Knight; Hard-edged comics guru Frank Miller is hot in Hollywood.
`Now for the graphic details.” Los Angeles Times. April 29, 2007 (DCSW 0006623 –
`6626). Attached hereto as Opposer’s Exhibit 192.
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`90. “Man of Steel items sure to be super attractions.” The San Diego Union-Tribune. April
`29, 2007 (DCSW 0006627 – 6628). Attached hereto as Opposer’s Exhibit 193.
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`91. “Bad News for Superman.” The New York Times. April 25, 2007 (DCSW 0006639 –
`6640). Attached hereto as Opposer’s Exhibit 194.
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`92. “Not just for boys; Graphic novels explode in popularity, thanks to broadening fan base.”
`The Columbus Dispatch (Ohio). April 15, 2007 (DCSW 0006671 – 6675). Attached
`hereto as Opposer’s Exhibit 195.
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`93. “Justice League: A Hero’s Welcome.” The Washington Post. April 13, 2007 (DCSW
`0006682 – 6683). Attached hereto as Opposer’s Exhibit 196.
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`94. “Will Cap come back: Comic superhero has fallen victim, but many suspect he can get
`back up.” Chicago Sun Times. March 15, 2007 (DCSW 0006736 – 6739). Attached
`hereto as Opposer’s Exhibit 197.
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`95. “Captain! Our Captain! Hero's Day Is Done; Killing Off a Patriotic Icon, Marvel Comics
`Turns the Page On a Fading American Era.” The Washington Post. March 8, 2007
`(DCSW 0006757 – 6759). Attached hereto as Opposer’s Exhibit 198.
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`96. “Marvel Entertainment kills off Captain America in latest edition of comic.” The
`Associated Press. March 7, 2007 (DCSW 0006759 – 6760). Attached hereto as
`Opposer’s Exhibit 199.
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`97. “Captain America Killed!. Marvel Comic Book Hero Cut Down By Sniper.” Daily News
`(New York). March 7, 2007 (DCSW 0006761 – 6763). Attached hereto as Opposer’s
`Exhibit 200.
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`98. “Superheroes or zeros?” Chicago Tribune. February 16, 2007 (DCSW 0006799 – 6801).
`Attached hereto as Opposer’s Exhibit 201.
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`99. “Video Game Convoluted plot spoils Man of Steel's comeback.” The Washington Times.
`January 20, 2007 (DCSW 0006845 – 6848). Attached hereto as Opposer’s Exhibit 202.
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`100. “Martin Nodell, creator of superhero Green Lantern, dies at 91.” The Associated Press
`State & Local Wire. December 12, 2006 (DCSW 0006909 – 6910). Attached hereto as
`Opposer’s Exhibit 203.
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`101. “Picture this ...; Your special someone unwrapping that perfect DVD title during the
`holidays.” The Detroit News. December 11, 2006 (DCSW 0006912 – 6915). Attached
`hereto as Opposer’s Exhibit 204.
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`102. “Dave Cockrum, Comic Book Artist, Dies at 63.” The New York Times. November 29,
`2006 (DCSW 0006957 – 6959). Attached hereto as Opposer’s Exhibit 205.
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`103. “Gift ideas for your favorite comics lover.” The Gazette (Colorado Springs) November
`26, 2006 (DCSW 0006965 – 6967). Attached hereto as Opposer’s Exhibit 206.
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`104. “For Graphic Novels, a New Frontier: Teenage Girls.” The New York Times. November
`25, 2006 (DCSW 0006970 – 6973). Attached hereto as Opposer’s Exhibit 207.
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`105. “Blitz-marketed 'Kingdom' shows Jay-Z's still got it.” The Philadelphia Inquirer.
`November 21, 2006 (DCSW 0006976 – 6978). Attached hereto as Opposer’s Exhibit
`208.
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`106. “Super serious A funny thing happened to comic books: They grew up.” Arkansas
`Democrat-Gazette (Little Rock). November 15, 2006 (DCSW 0006995 – 6998).
`Attached hereto as Opposer’s Exhibit 209.
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`107. Holy Heroics, Batman!; Faith Sets These Comics Apart.” Detroit Free Press (Michigan).
`November 13, 2006 (DCSW 0007003 – 7006). Attached hereto as Opposer’s Exhibit
`210.
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`108. “Heroes must again save the world from Brainiac.” The Washington Times. November
`11, 2006 (DCSW 0007013 – 7016). Attached hereto as Opposer’s Exhibit 211.
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`109. “Tuning In.” Daily Variety. November 8, 2006 (DCSW 0007025 – 7026). Attached
`hereto as Opposer’s Exhibit 212.
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`110. “In The Lois Lane; Comic Book Fans Dressed In Superhero Costumes Turn Out For A
`Fun-Filled Weekend Convention.” The Miami Herald. November 6, 2006 (DCSW
`0007029 – 7030). Attached hereto as Opposer’s Exhibit 213.
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`111. “Media Mix; A Quick Take on New Releases.” The Washington Post. October 29, 2006
`(DCSW 0007065 – 7070). Attached hereto as Opposer’s Exhibit 214.
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`112. “Polarization of politics similar to comic world.” University Wire. March 19, 2007
`(DCSW 0006718 – 6720). Attached hereto as Opposer’s Exhibit 215.
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`113. “Anand Jon Rape Charges Rock The Fashionable Set.” Daily News (New York). March
`14, 2007 (DCSW 0006739 – 6742). Attached hereto as Opposer’s Exhibit 216.
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`114. “Oakland gets it own superhero.” Inside Bay Area (California). March 9, 2007 (DCSW
`0006745 – 6747). Attached hereto as Opposer’s Exhibit 217.
`
`115. “Pow! Comics' 'Cap' is dead; American icon: It's so long, 'Cap'.” Plain Dealer
`(Cleveland). March 8, 2007 (DCSW 0006754 – 6755). Attached hereto as Opposer’s
`Exhibit 218.
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`116. “My name is Peter, and I'm a comics geek.” The San Francisco Chronicle. March 2,
`2007 (DCSW 0006772 – 6773). Attached hereto as Opposer’s Exhibit 219.
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`117. “Stamps of approval Chattanooga.” Times Free Press (Tennessee). December 28, 2006
`(DCSW 0006881 – 6882). Attached hereto as Opposer’s Exhibit 220.
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`118. “Times have changed, but comics still celebrate the season.” Star-Gazette (Elmira, New
`York). December 21, 2006 (DCSW 0006898 – 6899). Attached hereto as Opposer’s
`Exhibit 221.
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`119. “New 'Spirit' comic brings back classic good guy; Masked crime fighter always had an
`original story to tell.” Telegraph Herald (Dubuque, IA). December 17, 2006 (DCSW
`0006899 – 6990). Attached hereto as Opposer’s Exhibit 222.
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`120. “Artist draws new 'Spirit' from classic.” The Gazette (Colorado Springs, Colorado).
`December 10, 2006 (DCSW 0006916 – 6918). Attached hereto as Opposer’s Exhibit
`223.
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`121. “Game Guide; The 50 Hottest Games Of The Season, Pittsburgh Post-Gazette
`(Pennsylvania). November 30, 2006 (DCSW 0006933 – 6940). Attached hereto as
`Opposer’s Exhibit 224.
`
`122. “Wonder Woman Strong As Ever; The pop-culture feminist icon paved the way for Buffy
`and Xena.” The Seattle Times. November 8, 2006 (DCSW 0007026 – 7029). Attached
`hereto as Opposer’s Exhibit 225.
`
`123. “Film Director Donner Gives Comic Books A Whirl.” The Post-Standard (Syracuse,
`New York). November 5, 2006 (DCSW 0007032 – 7034). Attached hereto as Opposer’s
`Exhibit 226.
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`124. “Best-selling author says comics help shape novels.” News & Record (Greensboro, NC).
`October 27, 2006 (DCSW 0007085 – 7087). Attached hereto as Opposer’s Exhibit 227.
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`125. “Superheroes; As one of the best running back tandems in the country, Clemson's James
`Davis and C.J. Spiller share a common identity.” The State (Columbia, South Carolina).
`October 26, 2006 (DCSW 0007095 – 7096). Attached hereto as Opposer’s Exhibit 228.
`
`126. “Comics 'Super Heroes' soar onto Saturday-morning TV It's back to the future for
`Superman and the Legion of Super Heroes. The cosmos-spanning team of young...,”
`Aberdeen American News (South Dakota). October 8, 2006 (DCSW 0007163 – 7164).
`Attached hereto as Opposer’s Exhibit 229.
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`127. “Endless Epics - Tv's Hottest New Series Reach To Infinity And Beyond.” The New
`York Post. September 17, 2006 (DCSW 0007255 – 7257). Attached hereto as Opposer’s
`Exhibit 230.
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`128. “Accessorize postage with super stamps.” Courier-Post (Cherry Hill, New Jersey).
`September 14, 2006 (DCSW 0007259 – 7260). Attached hereto as Opposer’s Exhibit
`231.
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`129. “Superman's life leaps into view.” USA TODAY. September 7, 2006 (DCSW 0007288 –
`7289 ). Attached hereto as Opposer’s Exhibit 232.
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`130. “In Comics Villains Needed.” The New York Sun. August 31, 2006 (DCSW 0007308 –
`7309). Attached hereto as Opposer’s Exhibit 233.
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`131. “Hero seeks his place in the world.” Variety. August 14, 2006 (DCSW 0007374 –
`7376). Attached hereto as Opposer’s Exhibit 234.
`
`132. “Carbs and calories.” The Wichita Eagle (Kansas). August 14, 2006 (DCSW 0007376 –
`7377). Attached hereto as Opposer’s Exhibit 235.
`
`133. “Kryptic life of steel-drivin' man; John Henry tale inspired Superman, professor says.”
`The Washington Times. July 26, 2006 (DCSW 0007439 – 7441). Attached hereto as
`Opposer’s Exhibit 236.
`
`134. “H'wood mainstreams with Comic-Con.” The Hollywood Reporter. July 24, 2006
`(DCSW 0007445 – 7447). Attached hereto as Opposer’s Exhibit 237.
`
`135. “TV trivia.” Chicago Tribune. July 23, 2006 (DCSW 0007450 – 7451). Attached hereto
`as Opposer’s Exhibit 238.
`
`136. “Comic-Con draws superheroes, sci-fi fans and major movie studios.” The Associated
`Press. July 20, 2006 (DCSW 0007474 – 7476). Attached hereto as Opposer’s Exhibit
`239.
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`137. “In Brief.” The Bradenton Herald (Florida). July 20, 2006 (DCSW 0007478 – 7479).
`Attached hereto as Opposer’s Exhibit 240.
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`138. “Comic Book Convention Reflects Growth Of Industry.” Cox News Service. July 20,
`2006 (DCSW 0007484 – 7486). Attached hereto as Opposer’s Exhibit 241.
`
`139. “Piqued by prequels.” Daily Variety. July 19, 2006 (DCSW 0007507 – 7509). Attached
`hereto as Opposer’s Exhibit 242.
`
`140. “Q&A; Elliot S! Maggin.” The Boston Globe. July 09, 2006 (DCSW 0007550 – 7552).
`Attached hereto as Opposer’s Exhibit 243.
`
`141. “Risky Business.” The Hollywood Reporter. July 7, 2006 (DCSW 0007570 – 7572).
`Attached hereto as Opposer’s Exhibit 244.
`
`142. “Superman says, 'What American way?': In his latest movie, the Man of Steel stands for
`'truth, justice and all that other stuff'.” Chicago Sun Times. July 2, 2006 (DCSW
`0007586 – 7587). Attached hereto as Opposer’s Exhibit 245.
`
`143. “Adventures in Barrywood; It's a bird! It's a plane! It's an idiot!; Barry Koltnow Register
`Columnist; adventures in barrywood.” The Orange County Register (California). July 2,
`2006 (DCSW 0007587 – 7589). Attached hereto as Opposer’s Exhibit 246.
`
`144. “Clash of the Comics Titans; Battle Lines, if Blurry, Are Still Drawn Between Marvel
`and DC.” The Washington Post. July 1, 2006 (DCSW 0007607 – 7612). Attached
`hereto as Opposer’s Exhibit 247.
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`145. “Superman action figure searches for redemption.” The Washington Times. July 1, 2006
`(DCSW 0007612 – 7614). Attached hereto as Opposer’s Exhibit 248.
`
`146. “Native Detroiter Takes On Superman.” Detroit Free Press (Michigan). June 30, 2006
`(DCSW 0007638 – 7640). Attached hereto as Opposer’s Exhibit 249.
`
`147. “Truth, Justice and (Fill in the Blank).” The New York Times. June 30, 2006 (DCSW
`0007660 – 7661). Attached hereto as Opposer’s Exhibit 250.
`
`148. “Superman soars into the 21st century..., ” The Philadelphia Inquirer. June 30, 2006
`(DCSW 0007672 – 7674). Attached hereto as Opposer’s Exhibit 251.
`
`149. “Soaring beyond the comics pages; Iconic Superhero Became A Star Of Radio, Stage, Tv
`And Film.” The Record (Bergen County, NJ). June 30, 2006 (DCSW 0007674 – 7676).
`Attached hereto as Opposer’s Exhibit 252.
`
`150. “Look! Up on the marquee! It's a bird, it's a plane .. it's; SUPERMAN RETURNS.” The
`Record (Bergen County, NJ). June 30, 2006 (DCSW 0007676 – 7679). Attached hereto
`as Opposer’s Exhibit 253.
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`151. “How to be Superman.” Tulsa World (Oklahoma). June 30, 2006 (DCSW 0007683 –
`7684). Attached hereto as Opposer’s Exhibit 254.
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`152. “Look! Up in the hair! It's Super-mane!” Los Angeles Times. June 28, 2006 (DCSW
`0007717 – 7719). Attached hereto as Opposer’s Exhibit 255.
`
`153. “SUPER STAR; Unknown Brandon Routh soars onto screens as Man of Steel in
`blockbuster 'Superman Returns'.” Chicago Tribune. June 27, 2006 (DCSW 0007741 –
`7742). Attached hereto as Opposer’s Exhibit 256.
`
`154. “Superfigures.” Chicago Tribune. June 27, 2006 (DCSW 0007743 – 7744). Attached
`hereto as Opposer’s Exhibit 257.
`
`155. “Superman's real identity: America's everyman.” Christian Science Monitor. June 27,
`2006 (DCSW 0007746 – 7748). Attached hereto as Opposer’s Exhibit 258.
`
`156. “Superman Is Back to Save Mankind From Its Sins.” The New York Times. June 27, 2006
`(DCSW 0007761 – 7763). Attached hereto as Opposer’s Exhibit 259.
`
`157. “Heroic Comeback; Fans reminisce as Superman returns.” Spokesman Review (Spokane,
`WA). June 27, 2006 (DCSW 0007771 – 7777). Attached hereto as Opposer’s Exhibit
`260.
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`158. “Meet the man who helped kill Superman.” Star-Gazette (Elmira, New York). June 27,
`2006 (DCSW 0007777 – 7779). Attached hereto as Opposer’s Exhibit 261.
`
`159. “Superman vs. the generation gap; Look - up in the sky! It's a bird! It's a plane! No, it's a
`dangerously old-fashioned superhero!” The State (Columbia, South Carolina). June 27,
`2006 (DCSW 0007779 – 7782). Attached hereto as Opposer’s Exhibit 262.
`
`160. “Man Of Steel Needs Less Fleshing Out.” The Augusta Chronicle (Georgia). June 26,
`2006 (DCSW 0007788 – 7790). Attached hereto as Opposer’s Exhibit 263.
`
`161. “Staying Power; Since 1938, Superman Has Been Capturing Bad Guys, And Our
`Imaginations.” The Boston Globe. June 26, 2006 (DCSW 0007790 – 7793). Attached
`hereto as Opposer’s Exhibit 264.
`
`162. “Simply super; Strong, virtuous, uncomplicated, the Man of Steel is a hero for the ages.”
`The Baltimore Sun. June 25, 2006 (DCSW 0007807 – 7811). Attached hereto as
`Opposer’s Exhibit 265.
`
`163. “Picking Up The Mantle; 'Superman Returns' Makes A Hero Of Actor Brandon Routh.”
`The Boston Globe. June 25, 2006 (DCSW 0007813 – 7815). Attached hereto as
`Opposer’s Exhibit 266.
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`164. “Look!; Up in the sky ...,” Chicago Tribune. June 25, 2006 (DCSW 0007816 – 7819).
`Attached hereto as Opposer’s Exhibit 267.
`
`165. “Super!: Brush up on your hero worship with a few good books.” Chicago Sun Times.
`June 25, 2006 (DCSW 0007820 – 7822). Attached hereto as Opposer’s Exhibit 268.
`
`166. “Icon With Pop; Nearly 70 years after his creation, Superman still packs punch.” The
`Columbus Dispatch (Ohio). June 25, 2006 (DCSW 0007829 – 7831). Attached hereto as
`Opposer’s Exhibit 269.
`
`167. “Superman's identity crisis.” Los Angeles Times. June 25, 2006 (DCSW 0007858 –
`7860). Attached hereto as Opposer’s Exhibit 270.
`
`168. “At the Movies: ‘Superman Returns.’” The Associated Press. June 23, 2006 (DCSW
`0007923 – 7924). Attached hereto as Opposer’s Exhibit 271.
`
`169. “Hero of his time; Image of 'Superman' evolves to reflect our changing society.” USA
`TODAY. June 23, 2006 (DCSW 0007942 – 7946). Attached hereto as Opposer’s
`Exhibit 272.
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`170. “Alex Toth.” Daily Variety. June 6, 2006 (DCSW 0008049 – 8050). Attached hereto as
`Opposer’s Exhibit 273.
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`171. “Obituaries; Alex Toth, 77; Maverick Artist Drew Comic Books.” Los Angeles Times.
`June 4, 2006 (DCSW 0008063 – 8065). Attached hereto as Opposer’s Exhibit 274.
`
`172. “Menace to Comic Heroes?; Digital piracy is creeping into the industry, threatening small
`publishers. Some say, though, that it can attract new readers.” Los Angeles Times. May
`29, 2006 (DCSW 0008086 – 8089). Attached hereto as Opposer’s Exhibit 275.
`
`173. “UPI NewsTrack Entertainment News.” UPI. May 28, 2006 (DCSW 0008098 –8099).
`Attached hereto as Opposer’s Exhibit 276.
`
`174. “Superheroes spin web around red-blue divide.” Christian Science Monitor. May 26,
`2006 (DCSW 0008111 – 8112). Attached here