DC Comics v. Mark Towle, an individual doing business as Gotham Garage, and Does 1 through 10, inclusive
Published: Feb. 23, 2013 | Result Date: Feb. 7, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:11-cv-03934-RSWL-OP Bench Decision – Plaintiff
Facts
DC Comics sued Mark Towle, dba Gotham Garage for copyright infringement, trademark infringement, unfair competition, trademark dilution, and declaratory relief.
Towle operated Gotham Garage, which specialized in customizing replicas of automobiles featured in various films and TV shows, including replicas of the Batmobile. DC Comics claimed that the Batmobile was entitled to copyright protection.
Result
U.S. District Judge Ronald Lew concluded that the Batmobile was entitled to copyright protection. Judge Lew noted that the Batmobile was a character as portrayed in the live-action motion picture and TV series, and was therefore, entitled to copyright protection. Judge Lew specifically found that the character originated in the comic book series. Judge Lew also found that Towle had copied the 1966 and 1989 Batmobile and granted DC Comics' motion for summary judgment on its trademark infringement claim.
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