Exclusive use of Marvel characters in the Marvel Superhero Island contract ...
East of The Mississippi - any other theme park is limited to using characters not currently being used by MCA at the time such other license is granted. [For purpose of this subsection and subsection iv, a character is “being used by MCA” if (x) it or another character of the same “family” (e.g., any member of THE FANTASTIC FOUR, THE AVENGERS or villains associated with a hero being used) is more than an incidental element of an attraction, is presented as a costumed character, or is more than an incidental element of the theming of a retail store or food facility; and, (y) in addition, if such character or another character from the same “family” is an element in any MCA marketing during the previous year. Any character who is only used as a costume character will not be considered to be “being used by MCA” unless it appears as more than an incidental element in MCA’s marketing.]
West of The Mississippi - any other theme park may use any Marvel characters whether or not used by MCA.
East or West of The Mississippi - permitted uses shall be limited to the use of specific Marvel characters and Marvel may not permit a licensee to use the name “Marvel” as part of the attraction name or marketing.
East or West of The Mississippi - The foregoing permitted uses will be subject to the following marketing restrictions:
(a) If the particular character is used by MCA (as defined above), such character will not be advertised or promoted East of The Mississippi, except by means of national Network buys of television, within printed materials such as brochures, or by print advertisements in periodicals directed to readers more than 300 miles from Orlando; and with regard to any of the foregoing permitted marketing, if the marketing is for a group of theme parks located both East and West of The Mississippi, the marketing shall make abundantly clear that the character only appears in the parks West of The Mississippi and shall not be subject to confusion on such point (such as would occur by visual inclusion of the character in a generic, multipark advertisement subject to a small print explanation of the parks where the character is present).
(b) If the particular character is not used by MCA, such character will not be advertised or promoted by means of (x) spot television buys, billboards, personal appearances, or print advertisements which are (y) viewed, located or primarily directed to persons within 300 miles of Orlando. In other words, regional (i.e. covering a multi-state geographic region) or national television or print media buys, or brochures would not be prohibited within such 300 mile radius.
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Thoughts:
1. Black Panther is almost assuredly part of the "Avengers" family under the contract. BP was a member of the Avengers in the comic books long before the MSH Island contract was enacted.
2. Doctor Strange is a legally tricky area. Strange was never an Avenger in the comics (or any other media) until well after the MSH Island was built. Even as we stand today, Doctor Strange was never a member of the Avengers (or any other super group or family) in the MCU.
3. Seems to me that the Guardians of the Galaxy (yes, we all know),
Moon Knight, (see edit below), Shang Chi, the Eternals and the Inhumans are all fair game for WDW.
4. The trickiest legal area is going to be for characters that appeared in a Marvel superhero family after the contract was signed because almost everyone in Marvel was an Avenger member in a comic book at some point in the last two decades (
Wikipedia List). Marvel clearly doesn't think it applies to this contract language because Doctor Strange became an Avenger in 2007 and they are using a walk around Doctor Strange right now; obviously Disney feels comfortable at least picking that battle.
5. The area that interests me most is characters that appeared as minor characters or villains in an individual character's comic books, where that character was also a member of a superhero "family" or team (where that character was not a villain). For example, the Winter Soldier is a Captain America villain (who started out as his sidekick 60+ years before the Universal contract was signed). Captain America is obviously part of the Avengers, but I don't believe he was ever an Avengers villain (at least not before the Universal/Marvel contract). Is the Winter Soldier available to WDW? And the Winter Soldier became Captain America at one point ... with a similar, but different costume. Is Bucky Barnes-as-Captain America available to WDW?
EDIT:
According to wikipedia, Moon Knight was a member of the West Coast Avengers in 1987. I'm very surprised Disney is advertising the Moon Knight show in DHS. Either Disney is making a distinction between "The Avengers" and "The West Coast Avengers" (good luck with that) or they don't feel a billboard inside one of their parks violates the "
viewed, located or primarily directed to persons within 300 miles of Orlando" language
.