The Dark Trademark Rises

Batman’s preferred mode of transportation below is certainly famous, but can it be copyrighted?

DC Comics filed the lawsuit against Mark Towles, the owner of a California business called “Gotham Garage.” The lawsuit contended that Towles’ sold imitation Batmobiles that violated DC’s copyright and trademark and misled the public into thinking that his cars were authorized products.

The lawsuit specifically alleged that Towles sold “unlicensed replica vehicle modification kits based on vehicle design copyrights from plaintiff’s Batman property, including various iterations of the fictional automobile, the Batmobile.”

Towles’ attorneys sought to dismiss the lawsuit, arguing that the batmobile was not protected under the Copyright Act because it was considered a “useful article.” A useful article s an object that has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. U.S. copyright law does not protect the mechanical or utilitarian aspects of works of craftsmanship.

U.S. District Judge Ronald Lew agreed that copyright law generally does not apply to “useful articles” such as cars; however, he also acknowledged that the Batmobile isn’t just any car. In this case, it has both copyrightable and uncopyrightable features.

Lew said that he could make a “reasonable inference that there may be non-functional artistic elements of the Batmobile that may possibly be separated from the utilitarian aspect of the automobile. As such, the court finds that the Batmobile and all of its relevant embodiments are not, as a matter of law, excluded from copyright protection.”

The ruling doesn’t mean that DC Comics has won the copyright infringement lawsuit, just that it can go forward. In this case, I suspect that an out of court settlement will be reached.

How I Can Help

There are many issues involved in filing, maintaining and enforcing copyrights.  I can advise, protect and defend your copyrights.  If you need help to with a copyright matter, or know someone that can use my help, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities.  Connect with me on Google +

Norman

 

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