Case Study On DC Comics V Towle

K. E.
Society’s
Rajarambapu Institute of Technology, Sakharale

(An AutonomousInstitute Affiliated to Shivaji University, Kolhapur)
COMPUTER SCIENCE AND INFORMATION TECHNOLOGY

Third Year B.tech
“Yahoo Inc. VS Akash Arora”

ISE I
Course Name: - IPR & Cyber Laws
Course Code: - CI309
By
MusheerAhmed Jamadar 1910053
UNDER THE GUIDANCE OF
Prof. M. N. Mulla
Date: 30/8/2021
Introduction :-
Copyright is a type of intellectual property that gives its owner the exclusive
right to make copies of a creative work, usually for a limited time. The creative
work may be in a literary, artistic, educational, or musical form.
DC Comics v Mark Towle was a copyright case heard in the United States
Court of Appeals, Ninth Circuit in September 2015. The case concerned
defendant Mark Towle who built and sold replicas of Batmobile in his garage
named 'Garage Gotham'
Facts of the Case: -

DC Comics (DC) is the publisher and copyright owner of comic books
featuring the story of the world-famous character, Batman. Originally
introduced in the Batman comic books in 1941, the Batmobile is a fictional,
high-tech automobile that Batman employs as his primary mode of
transportation. The Batmobile has varied in appearance over the years, but its
name and key characteristics as Batman’s personal crime-fighting vehicle have
remained consistent.
Since its creation in the comic books, the Batmobile has also been depicted in
numerous television programs and motion pictures. Two of these depictions are
relevant to this case: the 1966 television series Batman, starring Adam West,
and the 1989 motion picture Batman, starring Michael Keaton.
Defendant Mark Towle produces replicas of the Batmobile as it appeared in

both the 1966 television show and 1989 motion picture as part of his business at
Gotham Garage, where he manufactures and sells replicas of automobiles
featured in motion pictures or television programs for approximately “avid car
collectors” who “know the entire history of the Batmobile.” Towle also sells
kits that allow customers to modify their cars to look like the Batmobile, as it
appeared in the 1966 television show and the 1989 motion picture.
DC filed this action against Towle, alleging, among other things, causes of
action for copyright infringement, trademark infringement, and unfair
competition arising from Towle’s manufacture and sale of the Batmobile
replicas. The district court passed a summary judgment in favour of DC.
Summary of Judgment: -
The main question for consideration is whether BATMOBILE is entitled to
copyright protection. The Court of Appeal relied on a number of historical
decisions in deciding this case. The court held that copyright protection extends
not only to original work as a whole but also to “sufficiently distinctive”
elements, like comic book characters, contained within the work.[1]
Although comic book characters are not listed in the Copyright Act, courts have
long held that, as distinguished from purely “literary” characters, comic book
characters, which have “physical as well as conceptual qualities”, are
copyrightable.[2] The court relied on the judgment in Hachiki’s case[3] where
it was held that automotive character can be copyrightable. Moreover, it has
been held that copyright protection can apply for a character even if the
character’s appearance changes over time.[4]
The U.S. Court of Appeals for the Ninth Circuit, in this case, developed a
three-part test for determining protection of a character appearing in comic
books, television programs or films under the 1976 Copyright Act, independent
of any specific work in which it has appeared and irrespective of whether it
“lacks sentient attributes and does not speak” as explained above.[5]
Held: -
The court held that the present case satisfied the three-part test DC had the
right to bring suit because it had reserved all merchandising rights when it
granted licenses for the creation of the 1966 Batman television series and the
1989 Batman film.
It was held that the 1966 program and 1989 film were derivative works of the
original Batman comics and that any infringement of those derivative works
also gave rise to a claim for DC, the copyright owner of the underlying works.
It was found that Towle’s replicas infringed upon DC’s rights hence the Court
also upheld the District Court’s refusal to allow Towle to assert a laches defence
on DC’s trademark claims because the infringement was found to be wilful
[6].
Conclusion: -
The law relating to intellectual property is constantly evolving all around the
world. Being a relatively new concept, there are many areas which still need
development and protection of the laws. All the above-mentioned case laws
have a wide impact on society. They have brought about major breakthroughs
in IP law.
References: -
[1] Halicki Films, LLC v. Sanderson Sales & Mktg, 547 F.3d 1213, 1224 (9th
Cir. 2008)
[2] Walt Disney Productions v. Air Pirates, 581 F.2d 751 (9th Cir. 1978).
[3] Halicki Films, LLC v Sanderson Sales & Marketing, 547 F.3d 1213 (9th Cir.
2008).
[4] Toho Co., Ltd. v. William Morrow & Co., Inc., 33 F.Supp.2d 1206 (C.D.
Cal. 1998)
[5] http://www.frosszelnick.com/dc-comics-v-towle
[6] ibid

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K. E.

Rajarambapu Institute of Technology, Sakharale

COMPUTER SCIENCE AND INFORMATION TECHNOLOGY

“Yahoo Inc. VS Akash Arora”

Course Code: - CI309

MusheerAhmed Jamadar 1910053

UNDER THE GUIDANCE OF

Facts of the Case: -

Defendant Mark Towle produces replicas of the Batmobile as it appeared in

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