TMS Executive Responds to Lawsuit Over 'Shoe' Comic Contract

By: Dave Astor Tribune Media Services executive John Twohey said today that "Shoe" co-cartoonist Susie MacNelly's Blue Salvage Company "cannot unilaterally move the rights" to the comic to another syndicate.

As E&P reported Friday, Blue Ridge Salvage had sued TMS for making it difficult to possibly switch "Shoe" to King Features Syndicate.

"We have language in our current syndicate agreement that gives us the opportunity to match any offer Blue Ridge Salvage receives from another syndicate, and we have done that," said Twohey, vice president for news and features at TMS.

MacNelly told E&P today that, on the advice of her lawyers, "I can't comment while we're litigating."

Her lawsuit -- filed in U.S. District Court for the Northern District of Illinois -- says TMS' contract offer is not as good as King's.

The Virginia-based MacNelly is the widow of "Shoe" creator Jeff MacNelly. Blue Ridge Salvage was formed in 1995, and the company (along with Jeff MacNelly) entered into a new contract with the Chicago-based TMS at that time, according to the suit.

After MacNelly died in 2000 at the age of 52, Blue Ridge Salvage (now owned by Susie MacNelly) and TMS signed a letter to maintain the 1995 agreement -- which included a contract expiration date of March 31, 2008.

The suit says the 2000 agreement "does not contain any right of first refusal" for TMS if Susie MacNelly wants to take "Shoe" to another syndicate after March 31, 2008. But TMS says it continues to have the right of first refusal under the 1995 contract.

King's Aug. 8, 2007, proposal to possibly take over distribution of "Shoe" said the New York-based syndicate would give the comic strong licensing and sales support, as well as a signing bonus of $350,000. TMS made a counter-offer later in August that it said matched King's proposal.

Jeff MacNelly created "Shoe" in 1977. At its peak, it appeared in more than 1,000 newspapers -- and still runs in about 600.

The late MacNelly was also a three-time Pulitzer Prize winner who spent much of his editorial cartooning career working for the Chicago Tribune -- a sister entity to TMS.