Crimson Archer - ...By Any Other Name.
By
Blackdove_EU,
Posted on: 2007-08-07 13:20 in Multi-Media Fan Creations
[u]...By Any Other Name - Part Two.[u]
8th December 2006
The offices of Moore & Manson, Attorneys at law.
Skyway City, Paragon City, RI.
Jay pushes open the glass panel door, and nervously enters the room. His shoes make no sound on the deep plush carpet, its red wine colour a good compliment to the dark leather of his expensive footwear.
The tapping of fingers on a keyboard silences as a young lady looks up at him. She smiles a warm but professional smile in his direction.
Good afternoon sir and welcome to Moore & Manson. May I help you?
Jay smiles a little at the receptionist, and nervously straightens the lapels of his suit.
Ahm here to see Nate Manson. Ah have an appointment.
Thank you sir. May I take your name so I may inform Mr Manson of your arrival?
Sure thing, its
JAY! YOU SON OF A B***H!
The shout echoes through the small office, and the beaming face robs the words of any malice. The grinning man in the expensive black suit rushes towards Jay and catches him in a hug. Jay doesnt react for a moment, before relaxing into and returning the embrace. The two cousins hold each other for a few, brief moments before breaking apart, a little embarrassed.
Youre looking good, man! says Nate, playfully punching Jay in the stomach. I guess the hero business really keeps you in trim, eh?
Its kinda hard keepin up with guys who can fly if ya do nothin but eat donuts, Cus! Jay smiles at his cousin. His cousins put on a little weight since last he saw Nate, and his accent faded to an even Paragon City drawl, but his laughing eyes could never change, and Jay feels a warmth in the pit of his stomach.
I want a drink Jay, and I dont drink alone these days. Mercy, no calls for at least the next hour. He address the girl at the desk, and turns away not waiting for a reply.
Jay surveys his office, as Nate pushes the door closed behind them. The cream décor and original abstract art on the walls tells of an affluent city lawyer with taste. The large heavy oak desk brings a touch of age to the room, and much needed stability in the well seasoned wood which hints at the trustworthiness of the man now sitting behind it. Nate reaches into one of the draws, and with a clinking of glass puts two tumblers and a half empty bottle of Jack Daniels no. 7 on top of a legal file.
So how come you didnt call when you got into the city, Jay? Nate asks without looking up, his attention fixed on the amber liquid slowly filling the glasses.
After the way ya left ah didnt wanna complicate life. Yours, or mine.
Jay reached for the tumbler, and sipped the whiskey. The fire in his throat and the warmth in his belly were welcome distractions.
I missed you, Jay.
An ah missed you, Nate. But that doesnt change the fact that you left.
You could have come with me, Jay. I did ask you.
An leave Pa to deal with Chelsea on his own? Ya know I couldnt do that, cus.
The two cousins look in to their glasses silently, neither of them drinking.
I had to get out of there, Jay. You know that. Small-minded little trailer trash place, You and me couldnt be ourselves there.
Ah know that, Nate. An there ain' a week goes by ah dont think about how it coulda gone if ah'd followed ya sooner. But were livin different lives now
Across the desk, Nate throws back his head and laughs. He doesnt seem able to stop, and Jay cant help himself but start laughing with him. Nate raises his hand and wipes tears from his eyes as he looks deeply into his cousins blue eyes.
Jay. Cus. I love you, but I'm not asking you out! Ive got a great guy myself now. You think I could decorate this place myself? I cant even paint a wall!" Nate grins. "His names Marshall and hes an interior designer, and we are blissfully happy. He smiles kindly at Jay, and reaches across the table towards him.
10 years ago, I would have done anything to be with you. But you're right, Jay. We are living different lives now. Im a successful homosexual lawyer, with a successful homosexual partner, and you
You, my dear darling cousin, are a superhero in the closet!
Nate laughs again, but Jay just sighs. Ahm just a man, cus. Aint nothing super about me.
Jay downs his whiskey in one gulp, and reaches in to his suit jacket pulling out the wad of yellow pages that had been delivered to his apartment days before. He puts them on the desk and pushes them towards Nate.
Hmmm
This looks official. Nate says picking up the papers and reading through the first page. His eyes grow larger and his jaw drops. He looks up from the paper towards Jay, unable to mask the disbelief on his face.
Are they f**king serious?
Jay nods. Seems so.
Trademark infringement? f**king Copyright Theft?!
Jay smiles to himself at his cousins loss of composure. Yep. Ah looked into it some at the University Library in Steel. Looks like this old coot useta be the Crimson Archer before me. An' now hes suing me for the usea his name, an' the fact ah wear red.
Nate shakes his head in amazement as he turns over page after page of allegations.
I can tell you that Walker & Wolfman arent cheap. I can also tell you that they must smell a paycheck, because it doesnt seem to me like this is being paid for upfront.
Ah can tell ya, cus, if it werent for that lottery win that put me here in Paragon, ah would nevera heard of these fellas. Jay strokes his goatee beard as he watches his cousin pour over the yellow legal pages.
So whats ya first thoughts, Nate?
Well, I want to look into this a little deeper before I advise you at all. Any chance you can lay low, stay out of the tabloids, just until I can get some idea of how the ground lies?
Sure thing, cus, but if the press-dogs get a smell of this, then theyre gonna be all over it.
Yes, I know Heroes are big news, especially when its sleaze. Go home, Jay, and Ill call you tomorrow, or as soon as I can. Nate reaches for a pen and starts making notes on a pad as he reads again through the documents Jay has left him. Focused now, its as if Jay isnt there.
Jay smiles to himself, and with a quiet hiss he gets up out of the leather seat and excuses himself. Out in the lobby, he walks back to the glass paneled entrance door.
Thank you for visiting us at Moore & Mason. I hope we can be of assistance again. The receptionist chirps at Jay as he pads past her.
Ahm sure yall will. He smiles back at her, and pulls the door closed behind him.
Formerly @Crimson Archer, now @CA
The Militia - Protecting Paragon City through roleplaying since June 2006!
[u]...By Any Other Name - Part Two.[u]
25th December 2006
Talos Island, Paragon City, RI.
*Knock knock*
Jay opens his eyes slowly and grimaces at the light streaming into his bedroom. He turns his head to look at clock beside the bed. 2:03 pm. He groans and buries his face in the pillow as the pounding of his hangover mixes with the knocking on his front door.
*Knock KNOCK*
Dammit. One Second! He shouts as he gets up, the crinkled clothes from the night before still on his back, and pads out of the bedroom into the main, open-plan living area. The wooden floor is cold on his bare feet as he heads to answer the door. Walking past stacks of cardboard boxes he wonders to himself if hell ever get to move in properly. Hello? he says as he opens the door slightly on the chain.
Merry Christmas Jay, howve you been? The figure in a long brown woollen coat waves a brown paper bag and tray of take-out coffee at him.
Nate! Its Christmas Day an' ahve bin tryin' to reach you for weeks! Jay opens the door fully and steps back to allow his cousin to enter. Nate flashes a smile at him as he walks past. Coffee? He asks lifting the tray into view.
Hell Yeh! answers Jay and takes one of the cups before slumping into the white leather corner sofa, which yields to his weight with a hiss. He pinches the bridge of his nose and closes his eyes.
Last night had been a bad night. Taking out his growing tension in a fight against the Tsoo, and then using his platinum members teleport card to head for Pocket D. Better than heading home alone, hed thought at the time. Now he wasn't so sure. Most of the night after that was a blur.
You look like s**t, Jay. Nate says, after sipping from his own coffee. He glances in the direction of the bedroom. Not intruding I hope?
Ah woke up alone and fully dressed, cus. What do you think?
Nate laughs at his cousins dry statement. Theyd been so close as adolescents growing up in a Tennessee trailer park, that despite losing touch for so many years the comfortable feeling they'd always had with each other had quickly returned.
Im sorry about not returning your calls, Jay. Nates says opening the brown bag and pulling out a frosted Danish pastry. Have you any idea how many couples decide to get divorced at Christmas? Its been ridiculous at work lately.
Yeah? Well, my life is gettin kinda ridiculous too. Jay throws a copy of a magazine over to Nate, hitting him in the chest. Ah cant say ahm exactly thrilled 'bout this.
Nate looks at the cover. The Paragon Inquirer. A trashy super-hero celebrity magazine which delights in reporting from the gutter. Inside an article is titled Archer vs. Archer: Battle of the Bowmen.
Have you seen that th' tabloids have gotten hold of this thing now?
I cant say Im surprised, Jay. Its just Walker & Wolfman trying to rattle your cage. Ive seen and read the piece, and its not even a story. They havent got any details yet. Nate closes the magazine and places it on the floor at his feet, before putting his coffee down on top of it. One thing though, do you have your name down as owner for this place?
Jay sighs to himself. No, Nate. This place is owned by a trust my Pa set up. He has more of an idea about how this hero thing works than ah do! He reckoned it was best to keep my name outta it, even if ah wasnt goin' to have a secret identity. Jay reaches for the paper bag and pulls out a custard filled donut. Ahm still registered as living at that hotel in Kings Row. Got some stuff there waiting to be moved out.
Keep that address Jay, just for the moment. Pay up the doorman to let people know that you still keep that suite, just when they ask. Now that the story is in the public realm it would be good to have somewhere that people can look for you, purely to keep them from looking elsewhere. Nate looked serious, and Jay knew he meant every word.
Thanks cus, ahll do that. Jay smiles thinly at his cousin, appreciating his professional advice, but resenting the need for it.
Ah got another letter from them lawyers. He waves his hand towards the glass table behind him, spread with papers.
Yes, I got one too. It's just written in threatening legalese, Jay, don't worry about it. Theyre wanting to meet face-to-face now they know you have a lawyer. Its not a problem. Ive already spoken to the head of their team, and were arranging it for the new year.
Youve spoken to them? Any idea what this is all about then?
Well, I do have some info which might fill in some blanks on who this other Crimson Archer is, or rather was. Wanna hear it?
Jay leant forward, saying nothing, and put his coffee on the floor. Nate smiled at his cousin attentive stance and pulled a folded envelope from his coat. He shakes out some yellow note papers, clears his throat with a cough, and inspects the handwritten notes.
Okay then. Herb Vraney, Born 1930. Used to be a trick-shot bowman working for a travelling show. First recorded appearance of Vraney as The Crimson Archer was in April 1959. Thats according to both The Paragon Herald and Tribune, although hes not named in all of the newspapers from this period that we've found. One called him The Red Robin Hood, a couple of others just refer to a red clad bowman, and some didnt even have a description. Apparently he robbed a bank using a glue grenade and explosive tipped arrows. The coverage differs slightly between the various papers, but the consensus is that a couple of people died following the explosions his arrows caused.
Nate turns over a couple more sheets, scanning through the handwriting. From the research I had Mercy do on him, it looks like he continued his crimes for a couple more of months, which generally involved more robberies and more deaths. He was apprehended by Maiden Justice in July of 59 and was put on trial in the August. He had a good lawyer and was tried for manslaughter instead of murder, thats in addition to the armed robbery charges, and eventually got sentenced to a total of 87 years, with a minimum 25 year term. However, this was way before a lot of costumed criminals were around and he was sent to a secure hospital instead of a prison. Like I said, he had a good lawyer, and this one was able to get him an insanity plea.
What happened to him after that, Nate?
Nate checks his notes again. Well, he got an appeal hearing after 10 years, and was moved to a lower security hospital in 1975. He was eventually paroled in 1996 after 37 years. Then, he kind of disappeared off the map until you showed up and piqued his interest.
Jay leans back into the sofa and closes his eyes. His headache was starting to lessen and the hot coffee was helping to relax the tension in his neck. At least now there was a name, and that made him feel a little better.
Ahm used to facin' my opponents, an' shootin them with pointed sticks, Nate. Ah aint got no idea how to deal with this guy.
Leave that to me Jay, thats why Im your lawyer. Well meet with Mr Vraney and his people, and well see what they have to say. At the moment, it does seem like hes got the law on his side. The guys been using the Crimson Archer name for nearly 40 years, and just because he stopped using it for a while, that doesnt lessen his claim to it.
Great
Jay could feel his headache returning as the tension wound tighter in his neck. So ah dont have a chance then?
Thats not what I said, Jay. I said at the moment. Im still working on a few things in the background and looking further into this. Until we hear what his lawyers are asking for, Im not giving any ground.
Thanks Cus.
Jay, have you got any plans for today? Marshall always cooks like hes planning a dinner party, even when its just the two of us. I could phone him, get him to lay an extra place?
Jay smiles to himself. Nate is only a couple of months older than him, but has always played into the Mother Hen role.
Thanks again, cus, but ahm not gonna be good company today and ah might head out later anyways.
Okay Jay. Just do me one favour okay? Dont be lonely. If you need some company, call me on my home number. Or go find yourself someone to be with. Anyone!
Yeah, thanks Mom.
Nate laughs again, filling the room. Enjoy the coffee, Knucklehead. Ill call you later in case you change your mind.
Nate gathers up the sheets of yellow note paper from the floor, and tucks them back into his coat before heading for the door. He opens it and stops, looking back into the room. Jay still sits on the sofa, his head back and eyes closed. A light snore quietly escapes his lips. Nate smiles at his sleeping cousin, and leaves without making another sound.
Formerly @Crimson Archer, now @CA
The Militia - Protecting Paragon City through roleplaying since June 2006!
[u]...By Any Other Name - Part Four.[u]
9th January 2007
Talos Island, Paragon City, RI.
Jay lay on his back, and raised his hand to shield his eyes from the sun streaming in through the blinds. Gotta be after noon, he thinks to himself, and rolls onto his side to look at the figure lying next to him. Blonde, pretty and asleep, the boy looks to be in his late teens, although Jay was sure he'd said he was older last night. John? No. James? Julian? Chris? Dammit, what was the kids name? he thinks as he watches the sleeping figure.
With only his guests gentle snoring to break the peace, Jay realises what woke him. The ringing of his cell phone. He quietly gets out of bed and pulls on a pair of discarded sweat pants, before padding into the living room. Searching his jacket he find the cell phone and flips the top.
Yeah, hello?
Good Morning, Knucklehead. You got a clean shirt?
Huh? Jays cousin Nathan was in fine form this morning, managing to put him completely off balance with just four words. Yeah, sure Nat. Why? What?
Nats laughter echos down the line. Hes obviously not in the office, Jay thinks at the tinny sound of the reception. Where are ya, Nat? And whats goin on?
Our esteemed opponents have granted us an audience. Nat said theatrically. I got a call this morning, and apparently Walker & Wolfman have got a two hour opening where they can see us. His voice drips sarcasm. Im on the train now, and need you to get here as soon as you can. So, have you clean a shirt?
Yeah, ah got one, Cus. Sgonna take me 40 minutes to get ready an get there tho.
I know. Just be as quick as you can. Ill be in reception. *click* The line goes dead as Nat hangs up. Jay breathes a sigh, and sets about finding a clean shirt and suit to wear. He stops to write a short note to the young man in his bed, and pinning it to the refrigerator door, hes out of the door and calling the elevator.
The offices of Walker & Wolfram, Attorneys at law
Founders Fall, Paragon City, RI.
Nathan raises his hand in greeting as Jay walks through the revolving doors and into the expansive reception of Walker & Wolfram.
You can tell Miss Starling that were ready to see them now. Nat says to the receptionist, before motioning Jay to follow him to the elevator.
So, you lawyers usually give this little notice for appointments? Jay says to his cousin as they wait for the doors to open.
Its just a trick, Jay. Theyre trying to throw us off from the start. This meeting is in their office, on their terms, and theyre made us rush to get here. Theyre just trying to wrong foot us from the start.
Has it worked?
Not a bit of it! Nat says with a wink, as the elevator doors slide open.
The doors open again on the 20th floor, and facing them if a long corridor with glass faced meeting rooms on each side. About three doors down a woman in a grey suit is waiting in the corridor. Nat walks forward first, a large smile on his face.
Ahhh, Ms Starling! An absolute pleasure to finally meet you! Shall we go in?
The woman looks Nat up and down, while his grin doesnt falter, and then pushes the door to the meeting room open without a word.
Nat gives a sweeping arms gesture allowing her to enter first, and then tips a wink at Jay, whispering under his voice; They hate me here.
Inside, the meeting room is panelled wood with a large, oval table in dark oak. Miss Starling sits down behind the table at the end of a row of three other people. Two of them, both men, have papers on the table in front of them, while the third, is much older and glares at Jay as they walk in. Jay and Nat take seats at the table opposite the opposing team of lawyers. A man with close cropped blonde hair and gold spectacles starts speaking first.
Thank you both for being able to meet with us today. I apologies for it being at such short notice but we are very busy at the moment. He smiles insincerely before continuing. I am James Tesla. My associates here are Ms Starling, whom you have already met, Mr Franks and Mr Dance. Each one mumbles a greeting in reply. And this is Mr Herbert Vraney, whom we shall be representing. Now, let us get straight down to business as we do not have much time. Our client is willing to accept an initial settlement accompanied by a regular remittance from Mr Reynolds in exchange for permission allowing your client to continue using the Crimson Archer name. This would not be transference of ownership, merely a rental, if you will.
Herb Vraney smiles across the table, his deeply wrinkled face and many scars conspiring to turn that smile into a sneer.
I see, says Nat, steppling his fingers. And what sort of figure did Mr Vraney have in mind?
Mr Tesla leafs through the notes on the table in front of him. From the information we have received regarding Mr Reynolds current financial situation, I would say that our settlement is fair. According to our records, your client current has approximately $102 million in unsecured personal wealth, $12 million is attributed to the patents he holds on trick arrows which are currently sold and produced under various trademarks, while a further £32 million is currently tied into his ongoing renovation of buildings on behalf of The Swallowtail Housing Trust, as part of the FBSAs Heroes Accomodation programme.
He looks up smiling. On this basis, Mr Vraney is willing to allow the use of the Crimson Archer name for a generous $30 million sufferance payment, combined with $1.5 million quarterly payments for continued usage of the name. Further, Mr Vraney will be expecting a 15% pay out from any monies made off of the usage of the Crimson Archer name while associated with My Reynolds, should their be any action figures, comic books, appearance fees, etc.
What?! Jay shouted, standing quickly. Thas ridiculous! Ah ain payin no one fer bein a d**ned hero!
Nat put his hand on his cousins arm. Jay
please. Be quiet.
Is that your clients official reply, Mr Manson? Ms Starling asked, smirking.
Nathan smiled back, lifting his had from Jays arm as he retakes his seat. Ms Starling, Mr Tesla, and indeed, Mr Vraney. While we are sure that the figures you have quoted are correct, and will not be disputing them, there is still the matter of ownership. You are requesting that Mr Reynoldd pay Mr Vraney for usage, which is right and fair, providing Mr Vraneys ownership of that name is correct. May we see proof, or is the ink still drying?
Listen you little s**t! Herb Vraney said, shaking his finger at Nat. I am the Crimson Archer, and I dont need no street hero punk or his q***r lawyer telling me otherwise! Ive been the Crimson Archer since 59, and I still would be if they hadnt locked me up and forgotten about me. Well, youll d**ned well remember know!
Mr Vraney, we spoke about this. James Tesla says quietly to his client, his mouth a thin line of displeasure. We are the ones who shall be talking for you. Allow us to do our jobs. Thank you.
He looks back at Nat, smiling again. Our client is expecting to publish his auto biography in the next couple of months, and a lengthy hearing would do nothing to harm his sales. Your client, however, could need more bad publicity, now could he? With one team mate being tried for murder, and the poor reputation of The Militia generally at the moment, I would advise him to settle on our terms.
And in response to your question, Mr Manson. As Mr Vraney had not taken the steps to secure his ownership of the Crimson Archer during the 1950s we have done so on his behalf. The papers are going through the Patent & Trademark Office now. I can only assume your client has not done likewise.
Nat gathered his papers and stood up. Jay looked at him a little surprised and got up too. Well, thank you Mr Tesla, but I think weve heard enough. I will contact you tomorrow after speaking to my client with our official reply. Gentlemen. Lady. Come on, Jay. With that, he turned and walked back into the corridor, and down to the lift. Jay trailed behind.
What jus happened, cus? jay asked once they were in the elevator and heading down.
Lodged an application for copyright and trademark on your name, and theyve also said theyre aware you havent. But then neither did I. He shakes his head.
Theyve given us a way out by paying the old man to rent the name off of him. Which I initial felt willing to discuss with you, until he called me a q***r.
Jay looked at his cousin, who was stony faced and staring at his own reflection in the mirrored surface of the elevator doors.
Yer feel like fightin?
Fighting? Nat said, looking at his cousin, his face breaking into a broad grin. I feel like nailing that old homophobic b*****ds butt to a wall, and taking him for every penny in the process!
Formerly @Crimson Archer, now @CA
The Militia - Protecting Paragon City through roleplaying since June 2006!
[u]...By Any Other Name - Part Five.[u]
23rd March 2007
Rhode Island Judiciary, Sixth Divison District Courthouse
One Dorrance Plaza, Providence, RI.
The room was stuffy and hot. Its smooth white walls and low ceiling seemed to exist only to perpetuate the idea that it was a closed box. Despite there being vents for an air conditioning system, Jay was convinced that it wasn't working. He pulled at the neck of his shirt, and felt a bead of sweat running down between his shoulder blades, soaking his shirt. He took the time to look round the room and see if everyone else felt as uncomfortable as he did.
At the next table, James Tesla, the slick lawyer from Walker & Wolfram, with his cropped blonde hair and angular features, sat with his team. They all looked calm, professional, collected and entirely untroubled by the heat. Tesla was leaning over to whisper into the ear of his client, Herbert Vraney, the hard old man who had also once borne the name "The Crimson Archer". But that was nearly 50 years ago, and he seemed convinced that it should be his again.
He still might, if this don't go our way, Jay thought to himself, as he shifted back into his plastic seat. Next to him, his cousin, Nathan, laid a reassuring hand on his arm.
"Relax, cus. It's going to be fine." Nathan said quietly into Jay's ear.
"Remind me again how come ah'm here, without so much as a day's warnin'?" Jay hissed back at his cousin.
"Well... as I've said to you before, sometimes these things happen. Its just legal games. Weeks of inactivity and then a sudden flurry of fun!" He waved his hand in the air like flying butterflies and grinned at Jay's anxious face, throwing him a wink. "Besides, I'd be lying if I said I didn't love that thing you do with your mouth when youre flustered!"
Jay snorted. "Any chance of a proper answer before ah'm found in contempt fer beatin on my own lawyer?"
Nathan stiffled a laugh. "Okay, here's the deal. If this had gone another way then I could've handled it without it coming to court, BUT I need to introduce some signed statements which might show that the old b*****ds claim doesnt stand. As the date for presenting all the initial evidence and paperwork went by 6 weeks ago, the only chance I had was to do it today, directly to the Judge, and hope she accepts it." Nathan nodded towards the large black woman sat at the front of the court, her eyes on the papers in front of her. "And that means being here."
"An' if she don't accept it?"
"Then you're screwed, cus."
Jay grimaced, casting his eyes down and tightening his jaw. "Thanks fer that, counsel." Nat just grinned back at him.
Gentlemen, Judge Elizabeth Goldman began. This hearing is Vraney vs. Reynolds, with the matter of contention being Mr Vraney's ownership of the copyright and trademark to "The Crimson Archer". I understand that we shall also be looking over some new documentation which Mr Manson has requested be entered into the case on behalf of Mr Reynolds.
Your honor, we would like to block this new evidence due to the lateness of its presentation. Tesla stood, and rested his knuckles on the table top for emphasis. We havent been given even the briefest indication of what this evidence contains, or how it can possibly contradict Mr Vraneys iron clad claims of copyright!
"Mr Tesla. This not the Grand Jury, and if you are hoping that you might be able to turn this into some kind of excuse for showboating to further your career, then you are certainly mistaken. I expect this hearing to go quickly, and it will not go quickly if you feel compelled to argue needlessly against every point. Now
Please sit down, and tell me if you are satisfied that all of your own clients papers are in order?" The judge asked, flicking through the sheets on her left.
"Yes, your honor, they are. Tesla answered, his face flushed. Whether from anger or embarrassment Jay wasnt sure. Everything is in order to support my client's claim to ownership of both the "Crimson Archer" name and costume trademark."
The judge nodded. "Yes, I can see that, Mr Tesla. A red clad archer. Is that really the full extent of your trademark?" She smiles, in a predatory fashion. I trust youre willing to back up this vague description by protecting your clients rights against every registered hero in the city who wears red and carries a bow?
Tesla nodded, and didnt look the least bit surprised. Yes, your honor. My office does in fact have a further dozen suits ready to be filed on various persons in Paragon City who we feel have infringed my clients trademark, whether knowingly or not. They shall be informed once we have won this case.
You really are supremely confident, arent you, Mr Tesla? It was a rhetorical question, and Tesla just sat down rather than answering. The judge turned her attention to Nathan. "I could ask you the same question, Mr Manson, except this," she said, waving a piece of yellow paper in his direction, "this says you have some additional information you wish to give me. Well, Mr Manson, I dont like surprises so perhaps you would like to enlighten us all as to what you have to present and why I should allow it. "
Nathan cleared his throat and stood up. Well, your honor, I should first apologise for the lateness of entering these statements. I was unable to obtain coroboration of the copyright notices I had entered in my earlier document packet until this week, due to the age and frailty of the gentleman involved.
There came the sound of quiet chatter from the neighbouring table. Vraney, Tesla and his team had their heads together, but werent speaking loud enough for Jay hear what they were saying. Their expressions werent happy though, which make Jay smile.
As you can see from the age of the notices, the Paragon Herald filed a number of copyright applications based upon the articles written by its journalists and writers during April 1959. Due to the amount of terms included, these applications were often made in bulk. One application with multiple copyright terms, if you will. The terms which were accepted were then given individual numbers. As you can see on application no. 56831B, the name The Crimson Archer was included.
The judge studied the piece of paper. I can see that, Mr Manson, but what I dont see is the accompanying copyright notice. Just the mass application.
Nate coughed, a little uncomfortably. Unfortunately, while I have the number of the granted copyright notice, the actual paperwork is currently unavailable. The record has yet to be digitised, and despite my request for a photocopy of the original, until the USTPO are able to locate the copyright notice for me, I am unable to produce the paper.
Nathan shuffled his documents and pulled out two additional sheets of yellow paper.
Which was why I was hoping that, in leu of this, you would accept signed statements from both the owner of the newspaper group confirming his ownership of this copyright through his newspaper, and from the original writer of the article confirming that his intellectual property was transferred to his employer as part of his working contract. Until I have the actual copyright notice, I trust that this will demonstrate that Mr Vraney can not apply for or hold the copyright on the name The Crimson Archer as it has been held for the past 48 years by Raymond Free Press Group.
Tesla was on his feet almost immediately. Your honor, this is ridiculous. Mr Manson can only demonstrate that an application was applied for, and can not prove that it was actually granted, beyond a phantom copyright number which he conveniently can not provide the paperwork for. And as for these statements, they only show the willingness of a publishing house owner to attempt to pervert the course of justice in order to gain a story. He smirked to himself.
Jay decided that he really hated that man.
Mr Tesla," the judge began. "I accept that you wish to win this case for your client. I also accept that Mr Mansons presentation of papers is less than orthodox. However, you have accused an upstanding member of our society, namley Mr Samuel Raymond III, of being not only aware of, but involved in, a fraud or deciept. To the best of my knowledge you have no proof of this, and as we all know, no lawyer would make accusations without proof, would they? Judge Goldman stared him down, and Tesla sat back at his desk, trying his hardest not to look angry.
The judge stood, and in a clear voice announced to the room; I believe I now have all the paperwork pertaining to this hearing, and I will be retiring to my chambers to consider this matter in detail. Please do not leave the court building until I have announced my decision, as I may need to call you together again to clarify some points.
With that she left the room, and the usher announced that the hearing would be reconvened at the judges discretion. Jay groaned inwardly.
Yeah, an' how the hell long is that going to be!
Formerly @Crimson Archer, now @CA
The Militia - Protecting Paragon City through roleplaying since June 2006!
[u]...By Any Other Name - Part Six.[u]
23rd March 2007
Rhode Island Judiciary, Sixth Divison District Courthouse
One Dorrance Plaza, Providence, RI.
Three hours went by. Jay and Nate stood in the hallway and chatted about unimportant things. There was only so much candy, soda and small talk that two men can use to fill empty time, and in the end they just sat in silence, watching people. Jay made up stories for them in his head, but got bored with that after ten minutes. He was nervous waiting for this decision, one that might change the course of his career. He started to think of other names he might take, if it went badly.
White Arrow? Crimson Hunter? Righteous Archer? Jay hated them all, hed been writing his own comic books for The Crimson Archer since he was 8 years old. No other name would do. So much hung on the judges decision, he could barely think straight.
At that moment, the usher appeared, and they were called into the court room again. The judge had made up her mind.
It took a few minutes for everyone to filed back into the room and re-take their seats. The judge looked through the case papers until the chatter and shuffling of feet died down to a hush. Looking up finally, she removed her horn-rimmed glasses and moved her gaze between the two sets of lawyers.
"Before I give my decision, I would like to re-affirm the purpose of this hearing. This is not a criminal court. We are not here to judge a person or their actions. Our purpose here is simply to ascertain who has a right and proper claim, under United States law, to the property and name hereby referred to as "The Crimson Archer". It may seem odd to many why this has become so important, but I understand the value of a name and ask those who stand outside these proceedings not to trivialize them."
With that, she put her glasses back on and took up her papers.
"In this matter, both parties have presented thorough evidence, although the most clean cut and organized has come from Mr Tesla and his team. If this were a more straight forward case I am sure that it would have been an easy win for you," Tesla smiled at this comment. "...but as we are all aware this has not been a straight forward case.
"Mr Manson's information has been shown to be both true and incomplete. He has been able to show that a copyright number was issued to the property in question, but, as he admitted, that he was not able to produce the document at this time."
Judge Goldman stopped reading from her papers and removed her glasses again, looking directly at Nate.
"I understand the way in which wheels work in our governmental systems, Mr Manson, and I have often found that they occasionally turn slower for lawyers than for other citizens making the same request. As such, and to test my own theory on the matter, I called the Patent and Trademark Office just after I called for a recess, and facsimile copy of the copyright notice you have been requesting was delivered to my desk 20 minutes ago."
Tesla stood up, his red with anger and indignation. He raised his finger and opened his mouth to speak, but was waved to silence to the judge.
"Mr Tesla, I am well aware of what you are about to say, and I wish to inform you that there has been no preferential treatment. I simply requested the same information which Mr Manson requested, and it was provided. If the information had not been forthcoming, or worse, that no copyright notice of that number had existed, then the case would have proceed on that basis. However, it has now been shown that this information, and indeed this entire case, was being delayed due to buerocratic slowness, perhaps even bias, and not due to some deliberate deception or fraud by a third party." She removed her glasses again, and leaned forward towards Mr Tesla's desk, her voice taking on a slightly mocking tone.
"I am sure that you and your team were not aware of this earlier claim when making your own claim on Mr Vraney's behalf, and I am sure that you would not have been party to any action which would have delayed this evidence reaching the court. Would you, Mr Tesla?"
James Tesla closed his mouth and sat down, waving his now ranting client into silence.
"Therefore, my ruling in this case is that the ownership of the copyright notice which references the property known as "The Crimson Archer" was granted to Raymond Free Press Group in April 1959, and has remained with this party ever since. To this end, the applications made by Mr James Tesla on behalf of his client Mr Herbert Vraney, are hereby rendered void and any associated actions untaken by those parties under the basis of ownership shall now cease. Thank you everyone, this hearing is now concluded."
At this, the judge stood up, gathered her papers, and left the room.
Behind him, Jay could hear the murmuring of people talking. He could hear the raised voice of Herb Vraney hurling abuse at his legal team, and the condescending tone of James Tesla as he reminded his client that they were still in court. Jay heard all this, but he wasnt listening. He sat, dumb-struck, staring at his cousin, who was grinning back at him.
We won? Jay asked, incredulity clear in his voice.
We won. Nate replied, and slapped Jay on the arm. All weve got to do know is sort out the paperwork.
Its over Jay said, starting to smile, still not quite believing that after such a drawn out affair it was all resolved so quickly. Im The Crimson Archer.
Nate looked uncomfortable for a moment. Well, not technically. This ruling means that Herbert Vraney isnt The Crimson Archer, but the name is still owned by Raymond Free Press Group.
Jay stared as his face fell. Ya mean ah have ta go through all that again?!
No, Jay Nate smiled. The owner of Raymond Free Press Group and the current Mr Raymond, Sam Raymond III, is waiting for us outside. I made a deal with him to get those statements that allowed us to enter that slightly flimsy evidence. Thankfully, the judges actions made it concrete, but the deal still needs to be honored. That can wait for now though.
Nate got up, packing his papers into his leather briefcase and closing it with a *snap* . Come on Archer, he said kindly, putting his hand on Jays shoulder. Time to face your public...
Formerly @Crimson Archer, now @CA
The Militia - Protecting Paragon City through roleplaying since June 2006!
[u]...By Any Other Name - Epilogue.[u]
26th March 2007
Outside Jennie's Deli
Founder's Fall, paragon City, RI.
People walked along the sidewalk in Founder's Fall, mindful of their own business and ignoring other peoples, safe in their own little worlds. High over head, two figures in matching white and blue flew past waving at office workers in their glass tower. It was a normal day in Paragon City.
It had been three days since the end of the Crimson Archer court hearing, and the final events had happened quickly. Leaving the court room, Nate had spoken to the waiting reporters, feeding them quotes as if he were born to it. They had left to spread the word that Jay was still the Crimson Archer and that Nate had never doubted the outcome. A short meeting with Samuel Raymond III had followed, just to set a date for a real meeting and for that young man to assure Jay that he didn't intend to take away his name.
That meeting had been this morning, and after Nate and the other lawyers had spent the last two hours talking over his head, Jay was unsure whether he had actually won or lost.
At a table on the sidewalk, Jay pushed nachos around his plate with a fork. Opposite him, Nate Manson, his lawyer and cousin, took a large bite of a chilli dog and chewed happily.
"Could have been worse, Jay." Nate said, around a mouthful of hot dog and chilli beef. "You've got your name back, and that was what we set out to get secure."
"Sure," Jay said, non-committedly. "Ah jus' ain' so happy about the conditions..."
Nate grinned, putting down the chilli dog and wiping his hands on a paper napkin. "Cus, It's just business. They've asked for a couple of interviews, a photoshoot every now and again, and to put you on the front cover of a magazine."
Jay scowled at that. "At least Herb Vraney jus' wanted cash fer my name. Now ah kind feel like ah'm being whored out, jus' ta be the Archer."
Nate threw his hands up dramatically, causing some of the other diners to turn in surprise. "Oh come on, Jay! They are a publishing company and Sam Raymond is a business man. Did you think that they'd just give you something they own? In this city, heroism is the same as celebrity, and celebrities are public property. And since you, my dear cousin, didn't think to give yourself a mask to hide behind, YOU are public property too! All that Raymond Free Press Group want to do is up your profile a little."
Jay looked hurt as Nate grinned, like a puppy dog who'd been kicked. He stared at his nachos, prodding them again. "They're gonna put me on the front cover of "Paragon Pride", Nate. Ah've come out to some o'my friends, but ah ain' sure ah'm ready for the whole city ta know."
Nate smiled kindly, and reached forward to touch his cousin's hand. "Jay. You told me the first time you came to Paragon City that you wanted to inspire people with what you did. This is the same thing. There are g*y kid's out there who need a role model just as badly as the rest, and I don't see Statesman coming out of the closet anytime soon." Nate grinned again.
Jay knew his cousin was right. For all the inconvenience that this deal might cause him, he knew it would do some good in the long term. He looked up at his cousin, feigning pain in his eyes.
"Ah know, cus. But does the cover photo have ta be topless?"
Nate burst out laughing, and didn't seem able to stop. People turned to look. Jay scowled for a moment at his cousin's reaction, but then grinned and gladly joined in the laughter.
[u]END.[u]
Formerly @Crimson Archer, now @CA
The Militia - Protecting Paragon City through roleplaying since June 2006!
((I've said it in a PM, but I'll say it here now the story is concluded.
I loved it. 
Absolutely loved it. I'd only seen bits and pieces about Jay before, but having read this it gives me a bit more of a grip for the character, the story itself reads beautifully, it's interesting, the characters come across well.
I know what's getting my nomination for August. 
))
Told you, P! You should listen to yer old pappy!
I've read most of this before already from militia forum and I thought it was very well written and alive. Last part was as good as the rest (I want to see that cover, even if I'd have to make it myself..!)
Good work!
/cheer
Most beautifulest piece ever! I pronounce thee nominated!
(This has been a long running story which was originally started to cover for some OOC issues. Thankfully those issues recently got resolved and I could finally finish the story!)
[u]...By Any Other Name - Part One.[u]
15th November 2006
Talos Island, Paragon City, RI.
*Riiing riiing*
*Riiing riiing*
<click>
"Hey there, HeroWheels Hot Rods. Bobby speakin'."
In the background the sounds of machinery and hammering can be heard competing for supremacy over the strains of Bruce Springsteen's "Born In The USA".
"Howdy Pa. How's it goin'?"
"Jay! Good to hear ya son! How's everythin' in the big city?" The smile can be heard, even down the phoneline.
"Yeah, things are okay. It's different to what ah expected, ya know. Ah'm sorry ah haven't called sooner, but ah've got a place now. Jus' gettin' settled."
Jay Reynolds, known more often as the Crimson Archer, looks around at the large, open-plan living room as he says it. The builders have finally finished the remodeling, and he's proud of the many new features they've added. Now if they'd just finish the other floors he'd be happy.
"That's great, son. Ah got the photos an' cuttin's ya sent last month, and ah can't believe how good ya look in that costume of yours! You sure is makin' me proud, boy."
"Thanks Pa, that means the world to me. You hear anythin' from Chelsea?"
There is a brief pause on the other end of the phone. The clattering of the machinery seems to get louder to fill the silence.
"Pa?"
"Ah haven't heard much, son. Your sister writes, but she was never one for the phone. Ah get those packages from her with more crazy ideas or blueprints, but she never did have much ta say, even when she was at home."
"Ah know, Pa..."
"The reports I get from her school are good. They called her an 'A+ student' in the last one. They reckon she's like an omega level genius or some such. So long as they're happy with her progress, then ah'm happy, son."
"Same here, Pa. Let me know when she's home next. It'd be good to see you both."
*knock*
*knock*
"Hang on Pa, someone's at the door."
The short walk to the door is punctuated with booted foot steps on hard wooden floors. Jay steps around boxes of unpacked possessions, glacing briefly at the empty white bookcase he wants to fill.
The door opens smoothly to reveal a tall, smartly suited man standing in the hallway beyond. His cheekbones are high and sharp, within an equally angular face. Grey eyes seem to be appraising Jay, before his thin lipped mouth speaks.
"Mr Jamie Reynolds?"
His voice is suprising deep, at odds with his slender frame.
"Yeh, thas me."
The visitor extends his hand, holding out a white envelope towards Jay and holding it there, waiting. Jay takes it from his hand, puzzled. The envelope feels heavy; never a good sign.
"Please consider yourself served on behalf of Walker & Wolfman. Good day, Mr Reynolds."
He turns and walks away before Jay can say a word. His feet make hardly any sound on the carpetted hallway as he enters a waiting lift, picking up the briefcase that was holding the lift door open as he does so.
Jay, stunned, steps back into his room and closes the door. His father's voice can still be heard, tinny and quiet.
"Son? Ya still there?"
Jay picks up the phone.
"Yeah, Pa. Two seconds, 'kay?"
He tears open the envelope. Inside he finds fine linen paper embossed with a legal firm's logo. He scans the first page of many, his eyes widening as he does so.
"Err Pa? Do you know if cousin Nate is still in Paragon?"
"His mother heard from him last week, Jay. Jus' opened a new office in Skyway City. Why's that, Son? What's goin' on?"
"Well Pa, ah reckon ah'm gonna need me a lawyer..."
Formerly @Crimson Archer, now @CA
The Militia - Protecting Paragon City through roleplaying since June 2006!