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Stallone wins Expendables battle

Sylvester Stallone has triumphed in an Expendables copyright case: Photo © Stallone wins Expendables battle Photo

Sylvester Stallone and producers of The Expendables have landed a knock-out punch to writer Marcus Webb, as they emerge victorious in a court case.

Marcus' copyright lawsuit, which claimed that the 2010 action adventure starring Sly was stolen from his script titled The Cordoba Caper, was dismissed by the Second US Circuit Court of Appeals after a lawsuit lasting over a year, according to The Hollywood Reporter.

US District Judge Jed Rakoff ruled in December of 2012 that the writer had failed to show that the defendants had copied his work.

A panel of Second Circuit judges agreed that the lawsuit shouldn't survive, but did so on the alternative grounds that The Expendables and Cordoba aren't "substantially similar".

The appellate opinion noted that The Expendables is a "gunfire-riddled 'pure action flick' " while Cordoba is a "trickery-based true caper", with further differences in concept and overall feel.

As a result, Marcus failed to gain money from the film, which has grossed nearly 275 million US dollars (around £168 million) worldwide and was produced by Nu Image and Millennium Films.

Jason Statham, Jet Li and Dolph Lundgren also starred in The Expendables, which features cameos from Arnold Schwarzenegger and Bruce Willis.

The third instalment, which sees Sly, Jason, Dolph and Arnie reprising their roles alongside Harrison Ford, Mel Gibson, Antonio Banderas and Wesley Snipes, will be released in cinemas this summer.

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