The U.S. Supreme Court declined to grant certiorari over a Ninth Circuit decision (Towle v. D.C. Comics)1 upholding a district court’s findings that Batman’s vehicle, the “Batmobile,” is itself a character subject to...more
A recent Ninth Circuit decision has endorsed copyright protection for Batman’s four-wheeled sidekick, confirming that copyright protection can extend to “sufficiently distinctive” elements of an original work, like comic-book...more
The U.S. Court of Appeals for the Ninth Circuit, recognizing that Batman’s personal crime-fighting vehicle, the Batmobile, is not just a cool car, but a character with “physical as well as conceptual qualities,” concluded...more
In the spring of 2013, this author reported on the then-recent decision, DC Comics v. Towle, 989 F. Supp. 2d 948 (C.D. Cal. Feb. 7, 2013), where Judge Ronald Lew determined that the Batmobile is a comic book character...more
The Ninth Circuit Court of Appeals held that the Batmobile is a copyrightable character. The Ninth Circuit’s opinion explaining its ruling begins with the sentence “Holy copyright law, Batman!,” and goes on to quote Adam West...more
It's not every day a Ninth Circuit court opinion includes, "Holy copyright law, Batman!," or “To the Batmobile!” But in affirming a district court’s ruling in a copyright infringement case by DC Comics against the maker of...more
When Fortres Grand Corporation saw sales of its software program drop, it blamed – wait for it – Batman. Fortres’ software, called “Clean Slate,” erases user changes to public computers upon reboot, thus returning the...more
In This Issue: • NY Yankees Establish Rights to a Mark Despite Never Using It • Walgreen Is Denied Registration of WAL-ZYR for its Product Equivalent to ZYRTEC • The Batmobile Escapes a Motion to Dismiss -...more
Several recent cases have highlighted the interesting issue of whether and when fictional characters – as distinct from the works they inhabit – are subject to copyright protection. Over the years, courts have developed two...more