A report by The Hollywood Reporter said that Warner Bros is awaiting a decision by the 9th Circuit Court of Appeal regarding the purported copyright infringement of the Batman car or Batmobile by a California mechanic. Warner Bros reportedly sued Temecula native Mark Towle in 2011 for selling Batmobile replicas fashioned from the model similar in the 1960s television show and 1989 film. According to THR, Towle has filed an appeal to reverse a lower court ruling that declared him liable for infringement.
Towle had argued in his filing with the 9th Circuit Court of Appeal that the Batmobiles he has been selling to clients are useful articles, which is a legal term for items that are used for utilitarian rather than artistic purposes. THR said that the ruling of the 9th Circuit Court of Appeal could be a precedent on how companies who own creative content and brands pursue individuals or entities who produce products that are similar to the props used in movies and television shows for one.
THR said Towle objects to Warner Bros' use of the copyright laws regarding the Batmobile model. His attorneys told the court, "(The Batmobile replicas) do not portray any of the personality traits purportedly exhibited by the Batmobiles in DC's comic books. Among other things, a replica does not remain 'hidden in the Batcave' until Batman needs it, and the replicas, which are, after all, functional automobiles, are obviously not indestructible." DC Comics is the division of Warner Bros where the Batman brand is housed.
Lawyer Aaron Moss, who has done legal work to protect the "Godzilla" property, told THR that the Batmobile case will eventually clarify the extent of ownership of companies over copyrighted properties. He said, "We need to get over the idea that cars can't be characters. KITT is arguably more delineated than David Hasselhoff's character in Knight Rider. If Towle is able to establish that DC has no protectable rights in the Batmobile, you should quit your job and start selling replicas of the General Lee and a decked-out DeLorean time machine."
