Dc Comics v. Mark Towle

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DC COMICS, No. 13-55484 Plaintiff-Appellee, D.C. No. v. 2:11-cv-03934-

RSWL-OP

MARK TOWLE, an individual, DBA Garage Gotham, Defendant-Appellant. OPINION

Appeal from the United States District Court for the Central District of California Ronald S.W. Lew, Senior District Judge, Presiding

Argued and Submitted February 5, 2015—Pasadena, California

Filed September 23, 2015

Before: Michael J. Melloy,* Jay S. Bybee, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Ikuta

* The Honorable Michael J. Melloy, Senior Circuit Judge for the U.S. Court of Appeals for the Eighth Circuit, sitting by designation. SUMMARY**

Copyright / Trademark

The panel affirmed the district court’s summary judgment in a copyright and trademark infringement action brought by DC Comics against a maker of Batmobile replicas.

The panel held that the Batmobile, as it appeared in the Batman comic books, television series, and motion picture, was entitled to copyright protection because this automotive character was a…