TikTok lawyer LawByMike analyzes Marvel’s She-Hulk: Lawyer

The Marvel Cinematic Universe is no stranger to legal proceedings. For example, the character of Matt Murdock (Daredevil) is a lawyer by day and a crime fighter by night, and the whole plot of Captain America: Civil War revolves around an international law called the Sokovia Accords. Some fans have even discussed the legal implications of the characters actions outside of what we see in the movies or even want to see the characters. stand trial.

However, the latest Disney+ MCU series, She-Hulk: Lawyer, explicitly connects the Marvel Cinematic Universe to legal issues. Billed as a “superhero legal comedy,” the fictional series has been compared to Ally McBeal but with superheroes. Although the show is fictional – and quite over the top – audiences still deserve to know which aspects of the show are legally realistic and which are not.

Also Read: She-Hulk Review: A Hilarious ’90s Sitcom in the MCU

Donny Blaze and Madisynn in She-Hulk
(LR): Rhys Coiro as Donny Blaze and Patty Guggenheim as Madisynn in Marvel Studios’ She-Hulk: Attorney At Law, exclusively on Disney+. Photo by Chuck Zlotnick. © 2022 WONDER.

What is She-Hulk to be right ?

One of the cases in the series that has some legal truth is the copyright case involving magician Donny Blaze. The series states that magic cannot be copyrighted, which is correct because ideas – and therefore magic tricks – are not protected by US law. That said, magicians could claim copyright in the “pantomime” in their act, as the presentation of the illusion can be considered a form of choreography, which is protected by copyright law. In the real world, Penn and Teller won a copyright lawsuit against a magician who copied how one of their illusions was performed.

There are also some details in the liability case filed by Leap-Frog regarding his supposedly “defective” super suit. The show accurately outlines the various product liability claims someone can make for a product defect: negligence, strict liability, and breach of warranty. Although this case is not what we would see in the real world, this concept also applies to average consumer goods.

Beyond the legal proceedings themselves, there is some truth in the way they are conducted. For example, in the product liability case, Leap-Frog withholds some vital information from his lawyer, She-Hulk, which causes him to lose the case. We as lawyers see this too often with our clients. If a customer is not completely upfront with us, something can catch us off guard and dismiss the case altogether. Your lawyer must know all the relevant information to represent you effectively. That’s why we have attorney-client privilege: to keep those communications from ending up in court and to encourage clients to tell their attorneys the whole truth.

The series also presents a realistic view of legal ethics. Several times in the series, Jennifer Walters draws attention to the potential conflicts of interest she faces when representing certain clients. Lawyers will sometimes run into these issues in the real world, but there are ways to deal with them, like Emil Blonsky (The Abomination) having to sign a waiver before Walters can represent him.

Jameela Jamil as Titania in Marvel Studios’ She-Hulk: Attorney At Law, exclusively on Disney+. Photo by Chuck Zlotnick. ©Marvel Studios 2022. All rights reserved.

What is She-Hulk be mistaken?

On the other hand, the series most often gets it wrong on trademark law. Trademarks are not about who registers them first, but about who uses them first. In fact, you must show use of a trademark in trade to properly file a trademark application. Since Titania used the trademark to sell beauty products, she would no doubt have met the requirements to file a trademark application.

Moreover, it is possible that both brands exist. Trademarks are limited to specific products or services and are divided into different classes.

Titania could have owned the “She-Hulk” trademark for cosmetics, while Jennifer Walters could have registered it for legal services. The standard by which trademark infringement cases are determined is the likelihood of customer confusion, and the chances of a consumer being confused between Titania cosmetics and Jennifer Walters legal services appear slim.

The trademark legal process depicted in the series is also inaccurate. The court and trademark registration system is incredibly slow, but She-Hulk: Lawyer seems to imply that court cases and trademark registrations are resolved within days and can be heard almost immediately. Although some cases are resolved fairly quickly, these are exceptions and are generally small claims or urgent matters. Some cases can take years to be heard, and the process leading up to them is much more complicated.

Also Read: She-Hulk Could Bring the Red Hulk Back in Season Finale After Promising Hulk vs Abomination Re-Match

Tatiana Maslany as Jennifer “Jen” Walters/She-Hulk in Marvel Studios’ She-Hulk: Attorney at Law, exclusively on Disney+. Photo courtesy of Marvel Studios. © 2022 WONDER.

What can audiences learn from Jennifer Walters?

In the end, the public must remember that She-Hulk: Lawyer is a silly, fun, fictional series to watch for entertainment purposes only. It goes without saying, but you shouldn’t watch a TV show for legal advice. If you have any concerns about your legal situation, consult an experienced lawyer who can guide you through the process.

However, if there’s one thing audiences should take away from this series, it’s the idea that most lawyers are driven by their passion for helping others. Jennifer Walters is an ideal role model for the system because she consistently puts her clients first. I believe most lawyers act with these pure intentions at heart. Remember: the legal system is there to protect and help you, not to hurt you.

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