Dc Comics v. Mark Towle

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the owner of the original work “retains a copyright in that derivative work with respect to all of the elements that the derivative creator drew from the underlying work and employed in the derivative work”
• describing the Batmobile as “waiting like an impatient steed straining at the reins shivering as its super-charged motor throbs with energy before it tears after the fleeing hoodlums” (cleaned up)
• considering the Batmobile “since its creation,” including in comic books, TV shows, and films
• finding the Batmobile satisfied prong one because it “appeared graphically in comic books, and as a three-dimensional car in television series and motion pictures, . . . and is thus not a mere literary character”
• \Willful trademark infringement occurs when the defendant's actions are 'willfully calculated to exploit the advantage of an established mark.' \
• laches doctrine “does not 25 apply, however, ‘in cases of willful infringement’”

Source: CourtListener parenthetical corpus (CC0).