Jack Kirby may have co-created many of the most popular characters in Marvel Comics, but his estate is still out of luck.
With the Captain America sequel on the way and the continued success of Marvel movies in general, it's no surprise that the Kirby estate is still fighting to regain rights for the characters Jack helped to create.
Unfortunately, the courts aren't cooperating. Yesterday, only two and a half months since the last appeal, the Kirby estate's petition to the 2nd Circuit Court of Appeals for a rehearing or a full rehearing en banc was denied.
Kirby's heirs wanted the right to issue termination notices to Marvel, but, as per the NYC-based federal court, Kirby's creations are all work-for-hire, so Marvel (and, in this case, Disney) retains all rights to characters like Captain America, Iron Man and the rest of the Avengers.
This case is one of many that attorney Marc Toberoff has taken on, but much like the Siegel Superman case, creators' families regaining rights from the Big Two just doesn't seem to be in the cards.
You can view the very short order from the court here.