Science Friction

More than 60 years ago, a literary agent gave a struggling young Ray Bradbury his first big break, long before the science fiction author became a household name.

On Monday, Bradbury returned the favor for Forrest J Ackerman, who is fighting a legal battle over what he believes is his rightful trademark and pen name, “Dr. Acula.”

“How do you pronounce it, derrr-Acula, or doctor Acula? It’s been a running joke . . . I would say [for] 60 years,” Bradbury testified during a trial in Van Nuys Superior Court. Every time he heard it or saw it in print, he would tease Ackerman, Bradbury said. “It struck me as a very funny name.”

Ackerman, who published Bradbury’s first short story, “Hollerbochen’s Dilemma,” in the late 1930s, sued former business associate Ray Ferry, alleging trademark violation, breach of contract, fraud and deceit.

Ackerman says he coined the moniker in 1939 and has been identifying himself as “Dr. Acula” ever since in his writings, on a Web site and on the Sci-Fi Channel. The lawsuit alleges that Ferry, with whom he collaborated to stage science fiction conventions, refused to share profits as agreed and fraudulently induced him to sign an options contract that would allow Ferry to buy millions of dollars worth of Ackerman’s assets for $1.

The 83-year-old Los Feliz resident, whose movie memorabilia-filled mansion has become a science fiction and horror museum of sorts for Angelenos, is seeking about $1 million in damages and a declaration that the options contract is void, said his attorney, Jacqueline Connors Appelbaum.

Ferry, 48, publisher of Famous Monsters of Filmland magazine, filed a countersuit saying that he, not Ackerman, has owned the rights to the “Dr. Acula” trademark since 1993 and that his registration with the U.S. Patent and Trademark Office is pending.

He further alleges that Ackerman stalked and terrorized him through faxes and mail, which included death threats, causing him anxiety and lost sleep. Ferry, a North Hills resident, is seeking $25 million in damages.

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Both men seek an order prohibiting the other from using the “Dr. Acula” name.

The lawsuit also reflects the deep animosity between men who once worked together to revive the legendary Famous Monsters magazine, which Ackerman founded in 1958.

The magazine ceased publication in 1983 but a decade later, with Ferry as the new publisher and Ackerman back as editor, it started again. Because of disputes, Ackerman is no longer affiliated with the magazine.

In a wheelchair next to the witness stand, Bradbury regaled the courtroom of Los Angeles Superior Court Judge Stephen D. Petersen with stories about his experiences and his high regard for Ackerman, whom he called the world expert on the science fiction film and literary world.

“Forrest J Ackerman . . . he’s my life. I wouldn’t be sitting here today if is wasn’t for him,” said Bradbury, now 80 and a resident of Cheviot Hills.

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The word to describe anyone other than Ackerman who would dare use the “Dr. Acula” name would be “chutzpah,” said Bradbury, as jurors howled with laughter and Petersen smiled at hearing the Yiddish term for shameless audacity.

Bradbury is a best-selling author whose works include “The Martian Chronicles” and “Fahrenheit 451.”

Recently hospitalized for diabetes-related problems, Bradbury also testified that he participated in a 1993 convention put on by Ferry and Ackerman. He recalled receiving a letter from Ferry afterward that called the event an “overwhelming success,” which seemed to contradict Ferry’s later claims that the venture was not profitable.

When questioned by Ferry’s attorney, Thomas Brackey II, Bradbury admitted he didn’t know anything about the convention’s finances.

But some things Bradbury knew for sure: that the Ackerman and Acula names, like his, have commercial value.

“I don’t give my name away free,” Bradbury said.