Comcast, Agency Sued over Godzilla Ad

Los Angeles (myFOXla.com) - The Japanese company that owns the rights to the movie monster Godzilla sued a communications company and an advertising agency in Los Angeles today, alleging the giant man-munching creature was used illegally in a national television commercial.

The lawsuit, filed in federal court by attorneys for Toho Co., alleges Comcast Corp. and San Francisco ad agency Goodby, Silverstein & Partners violated federal copyright protections by using the prehistoric marine iguana's image in a virtual reality-style TV spot titled "Comcast Town" without prior approval.

The suit alleges that at no time did Comcast or Goodby, Silverstein "seek or obtain Toho's permission or consent" to use or feature Godzilla in the campaign.

The suit seeks payment for use of the radiated reptile's image -- which could amount to hundreds of thousands of dollars or more, Toho attorney Charles N. Shephard said.

Calls and e-mails for comment to the defendants after regular business hours were not immediately returned.

Shephard said the TV spots were broadcast nationally earlier this year.

In March, he said, Toho put Comcast on notice, requesting that the company pull the ads.

"Even after that, they didn't remove it," Shephard said. "They kept running it for several weeks, maybe longer."

Shephard said Toho has owned the Godzilla copyright since the early 1950s and registered the name and image as trademarks in 1981.

The first of 28 films featuring the unstoppable beast was released in 1956. All were produced by the Toho Co., which has also authorized the Godzilla image for numerous comic books, animation, posters, video games and books.

Shephard said the "Comcast Town" commercial, which advertised such communications services as cable television, telephone and high-speed Internet access, is no longer being broadcast.

"But they refuse to compensate us for the license fee," he alleged. "They just took the image for free."

The complaint seeks a reasonable license fee for use of the image, any profits that resulted and attorneys' fees.