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By ELAINE SILVESTRINI

esilvestrini@tampatrib.com

Published: July 15, 2009

Updated: 07/15/2009 12:22 am

TAMPA - Holy lawsuit, Batman!

DC Comics has its tights in a twist over a Bradenton man's Caped Crusader figurines.

The creator of Batman and legions of other superheroes is asking a federal judge to make John Stacks stop selling unauthorized resin figures of Batman, Robin and Batgirl and archvillains the Joker, Catwoman, the Riddler and King Tut.

The comic company says it repeatedly warned Stacks but he has continued to violate Batman's trademark and copyright by selling the figures on his Web site, johnnysresin.com.

The figures, priced from $70 to $150, are represented as portrayals of the actors who played characters in the 1960s "Batman" television show. All the figures are in full costume from the show.

Stacks said Tuesday that he has contracts with all the actors represented in his figurines and with the man who has the rights to the costumes from the 1960s TV show.

"Unbelievable," he said when informed of the lawsuit. "They come after little people like me. I don't have anything."

Stacks said he hasn't made enough money selling the figures to offset the costs of the molds he uses. He described himself as a retired, semidisabled contractor.

"I don't have the money to fight this, so I don't know where I'm going to go with it," he said.

In its lawsuit filed in Tampa's federal court, DC Comics says, "To date, 'Batman' has proven to be among the most successful licensing and merchandising ventures of all time, with gross retail sales of associated licensing merchandise exceeding $1 billion."

Stacks' Web site describes how he started making and selling the figures.

"Johnny Stacks being born in 1960 was always a huge fan of the 1966 Batman TV series," the site says. "Johnny attended a Batman Convention in 1999 and met Adam West, Yvonne Craig and Frank Gorshin. At the show Johnny came up with the idea to do resin kits of the actors."

The site says Stacks was "close friends" with Gorshin, who played the Riddler and died in 2005, and that he produces Web sites on Gorshin and Burt Ward, who played Robin in the TV series.

"This has been a dream come true for Johnny working with these actors he so loved in his childhood," the Web site says.

On Wednesday, Ward's manager, Andrew Goodwin, contended Ward has no affiliation with Stacks.

Stacks, however, maintains he has a contract with Ward to produce resin kits in his likeness and has receipts for royalties he paid Ward.

Stacks' site also has a disclaimer: "Johnny's Resin is not in anyway affiliated with DC Comics. All kits are sold to portray an Actor and NOT ANY CHARACTERS OWNED BY DC COMICS. Johnny's Resin does not intend to infringe on any copyrights, characters or trademarks owned by DC COMICS."

But DC Comics says Stacks' business is cutting into its lucrative profits.

"Notwithstanding DC Comics repeated and lawful demands, Stacks continues to sell, distribute, offer for sale and market the counterfeit figurines," the lawsuit states.

Who will the court side with?

Stay tuned.

Reporter Elaine Silvestrini can be reached at (813) 259-7837.

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