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Supreme Court asked to consider Batmobile copyright case

#1 Batmobile, Superheroes, gadgets, Cable Cutter, Bat-Ray Projec

A manufacturer of unlicensed Batmobile replicas has petitioned the U.S. Supreme Court to determine whether Batman’s signature vehicle is indeed protected by copyright.

According to The Hollywood Reporter, Mark Towle of Gotham Garage filed a writ of certiorari today asking the justices to review his nearly five-year-old dispute with DC Comics.

Towle, who produced replicas of  the 1966 and 1989 Batmobiles that sold for as much as $90,000 each, was sued in 2011 by DC, which claimed copyright and trademark infringement, trademark counterfeiting and unfair competition. Towle had argued that the U.S. Copyright Act doesn’t protect “useful articles,” defined as objects that have “an intrinsic utilitarian function” (for example, clothing, household appliances or, in this case, automobile functions); in short, that the Batmobile’s design is merely functional.

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Comics A.M. | Batmobile case heats up; 600 X-Men comics stolen

A Batmobile replica from Gotham Garage

Legal | Both Warner Bros. and automobile customizer Mark Towle have filed for summary judgment in the studio’s 2011 copyright-infringement lawsuit against Towle, whose Gotham Garage sold several replicas of the Batmobile. Warner, the parent company of DC Comics, claims the design of the Batmobile is its intellectual property, while Towle argues that copyright law does not regard a “useful object,” such as a car, as a sculptural work and therefore the design can’t be copyrighted. [The Hollywood Reporter]

Crime | Police in Lincoln, Nebraska, are investigating the theft of 600 X-Men comics, dating back to the 1970s, from the communal storage area of an apartment building. [Journal Star]

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