Amended complaint sharpens focus in FEAR THE WALKING DEAD case
October 9, 2018 – Comic book writer Mel Smith today filed his second amended complaint in his case against the AMC network and others over what he says was the infringement of his comic book series DEAD AHEAD, published by Image Comics, in several episodes of the second season of FEAR THE WALKING DEAD. Mr. Smith’s new pleading sought to answer defendants’ objections, made to federal district court judge Lucy Koh, that Mr. Smith had not identified any similarities in the two works and that he therefore had no claim for copyright infringement. In his complaint, Mr. Smith named various business entities as well as executive producers Robert Kirkman (the COO of his publisher, Image Comics) and David Alpert (his motion picture and television agent) who, he says, had direct access to DEAD AHEAD and borrowed liberally from it in developing the spin-off to their smash television series THE WALKING DEAD. In the meantime, Judge Koh has allowed (against defendants’ wishes) discovery in the case to proceed, and has ordered the defendants to respond to Mr. Smith’s new complaint on or before Nov. 2nd.