Dc Comics v. Towle

802 F.3d 1012 (9th Cir. 2015)

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Nature of the Case

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Facts

DC Comics (P) is the publisher and copyright owner of comic books featuring the story of the world-famous character, Batman. Batman made his first comic book appearance in 1939. Introduced in the Batman comic books in 1941, the Batmobile is a fictional, high-tech automobile that Batman employs as his primary mode of transportation. The Batmobile has varied in appearance over the years, but its name and key characteristics as Batman's personal crime-fighting vehicle have remained consistent. The comic books have continually depicted the Batmobile as possessing bat-like external features, ready to assist Batman in his fight against Gotham's most dangerous villains, and equipped with futuristic weaponry and technology that is 'years ahead of anything else on wheels.' The Batmobile has also been depicted in numerous television programs and motion pictures. The 1966 Batman television series was the product of a licensing agreement between P and the American Broadcasting Company (ABC). The television series featured the Batmobile. The design of the TV Batmobile did not directly copy any iterations of the Batmobile as it appeared in the comic books. It maintained a bat-like appearance and was equipped with state-of-the-art weaponry and technology. P also licensed the 1989 motion picture BATMAN, starring Michael Keaton. Its Batmobile was physically distinct from the Batmobile portrayed in the comic books and the 1966 television series. It retained a bat-like physical appearance and was again equipped with futuristic technology and crime-fighting weaponry. D produces replicas of the Batmobile as it appeared in both the 1966 television show and the 1989 motion picture. D also sells kits that allow customers to modify their cars to look like the Batmobile, as it appeared in the 1966 television show and the 1989 motion picture. D advertised each replica as the 'Batmobile,' and used the domain name batmobilereplicas.com to market his business. The replicas included such features as 'custom bat insignias, wheel bats, [and a] bat steering wheel,' and would attract attention due to the fame of the Batmobile. D is not authorized by P to manufacture or sell any products bearing P's copyright or trademark. On May 2011, P sued D for copyright infringement, trademark infringement, and unfair competition. D claimed that the Batmobile as it appeared in the 1966 television show and 1989 motion picture was not subject to copyright protection. The district court granted in part and denied in part DC's motion for summary judgment, and denied Towle's cross-motion for summary judgment. It held the Batmobile was a character entitled to copyright protection. The parties entered into a joint stipulation in which they agreed that the district court would enter a judgment against D on P's copyright infringement and other claims. D appealed.