The 2nd U.S. Circuit Court of Appeals on Tuesday reversed a 2011 lower court decision that dismissed a lawsuit brought by Gary Friedrich (FREED'-rihk).
The comic features a motorcycle-riding character with a flaming skull. The cover of its 1972 debut says it was conceived and written by Friedrich.
He sued in 2007, claiming he was owed of cut of the box office proceeds from the film version starring Nicolas Cage.
The lower court found that he relinquished his rights in a 1979 agreement with Marvel. But the appeals court found that the contract language was open to dispute.