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DC Comics v. Towle | 802 F.3d 1012 (2015)
To the Batmobile! There’s a copyright infringer in Gotham City and D C Comics versus Towle needs the courts to stop him!
Superhero Batman infamously protects Gotham City from villains with the help of the Batmobile. Since nineteen forty-one, the Batmobile has appeared as Batman’s high-tech, bat-like, crime-fighting vehicle in comics, television shows, and movies.
D C Comics was the copyright owner of the Batman comics. D C and D C’s predecessor licensed rights to make Batman adaptations to multiple parties, resulting in iterations such as the nineteen sixty-six Batman television show and the nineteen eighty-nine Batman movie. The Batmobile appeared in both productions. The Batmobile’s exact appearance changed over time, but the name, bat-like motifs, and technology stayed consistent.
Mark Towle had a business called Gotham Garage, where he made and sold replicas of famous cars, including the Batmobile’s nineteen sixty-six television and nineteen eighty-nine movie designs. Towle’s replicas copied many of the Batmobile’s features and were sold to collectors familiar with the Batmobile’s history. Towle used the Batmobile’s fame to advertise and gain business.
D C filed multiple claims against Towle, including copyright infringement. D C and Towle filed cross-motions for partial summary judgment. The district court granted in part and denied in part D C’s motions and denied Towle’s cross-motion. The district court entered a judgment against Towle in accordance with a joint stipulation both parties agreed to. Towle appealed.
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