Case Information
*1 UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) DC Comics, Case No. CV11-3934 RSWL (OPx) Plaintiff, ORDER RE: PERMANENT INJUNCTION
v. Mark Towle, an individual and d/b/a Gotham Garage, and Does 1 through 10, inclusive, Defendants.
Pursuant to the Court’s Orders of February 8, 2013, and pursuant to the Parties’ Joint Stipulation re Entry of Judgment and Permanent Injunction acknowledging these Court Orders, the Court finds the following facts:
1. Plaintiff DC Comics (“DC Comics”) is the owner of various copyrights 22 infringed by Defendant Mark Towle, an individual and d/b/a Gotham Garage 23 (“Defendant”). Specifically, DC Comics owns all copyright interest in and to the 24 Batman character, all Bat symbols, the Batmobile, including the iterations and 25 versions appearing in the 1966 television series Batman and the 1989 motion picture 26 Batman , and all Batman-related indicia (collectively “the Batman Copyrights”). The 27 Batman Copyrights are reflected, inter alia , in the copyright registrations identified 28 DC Comics v. Towle: Proposed Permanent Injunction *2 in the chart appended as Exhibit A hereto, which include both literary works directly registered by DC Comics, as well as television series episodes and a theatrical motion picture produced under license from DC Comics and subject to DC Comics’ reservation of rights.
2. DC Comics is the owner of various trademarks infringed by Defendant, including the registered trademarks to the word and design marks identified in the chart appended as Exhibit B hereto (collectively “the Batman Trademarks”). (The Batman Copyrights and the Batman Trademarks are collectively referred to herein as the “Batman Properties.”)
3. Defendant’s manufacture, sale, offering for sale, marketing and/or 11 distribution of replica vehicles, vehicle kits, vehicle parts and accessories, and other 12 merchandise bearing any simulation, reproduction, counterfeit, copy, or colorable 13 imitation of any of the Batman Properties (“Unauthorized Products”) are in violation 14 of DC Comics’ rights in and to the Batman Properties. 15 Therefore, based upon the foregoing facts, and good cause appearing 16 therefore, 17 THE COURT HEREBY ORDERS that this Injunction shall be and is hereby 18 entered in the within action as follows: 19 1. Defendant and his agents, servants, employees, and all persons in active 20 concert and participation with him who receive actual notice of this Injunction, are 21 hereby restrained and enjoined from: 22 a. Infringing the Batman Properties, either directly or contributorily, 23 in any manner, including generally, but not limited to, the manufacturing, 24 producing, distributing, circulating, selling, marketing, offering for sale, 25 renting, advertising, promoting, exhibiting, or otherwise disposing of any 26 Unauthorized Products; 27 28
*3 b. Using any simulation, reproduction, counterfeit, copy, or colorable imitation of any of the Batman Properties in the promotion, advertisement, display, sale, offer for sale, rental, manufacture, production, circulation, or distribution of Unauthorized Products in such fashion as to relate or connect, or tend to relate or connect, such products in any way to DC Comics or to any goods sold, manufactured, sponsored, or approved by or connected with DC Comics;
c. Making any statement or representation whatsoever, or using any false designation of origin or false description, or performing any act that can or is likely to lead the trade or public, or individual members thereof, to believe that any products manufactured, distributed, or sold by Defendant are in any manner associated or connected with DC Comics, or are sold, manufactured, licensed, sponsored approved, or authorized by DC Comics;
d. Engaging in any other activity constituting unfair competition with or an infringement of any of the Batman Properties or of DC Comics’ rights in, or to use or to exploit the Batman Properties, or constituting any dilution of DC Comics’ name, reputation, or goodwill;
e. Effecting assignments or transfers, forming new entities or associations or using any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth herein; and
f. Aiding, abetting, contributing to, or otherwise assisting anyone from infringing upon any of the Batman Properties. / / / / / /
*4 2. This Injunction is without prejudice to any other valid rights of DC Comics or Defendant and may be enforced during the pendency of an appeal to the Court of Appeals of the Ninth Circuit of the Court’s Order re: Defendant Mark Towle’s Motion for Partial Summary Judgment [41]; Plaintiff DC Comics’ Motion for Partial Summary Judgment [42], Docket No. 74.
RONALD S.W. LEW DATED: __2/22/13__________________ Hon. Ronald S. W. Lew United States District Judge
EXHIBIT A
*5 1 2 COPYRIGHT REGISTRATIONS 3 Copyright Registration Title of Work Type of Work R 674652 Detective Comics #156 Periodical 4
(Feb. 1950) RE 575-202 RE 628-257 Batman #164 (June 1964) Periodical 5 Detective Comics #341 Periodical (July 1965) 6 RE 635-675 World’s Finest Comics Periodical #154 (Dec. 1965) 7 R 509062 Batman #20 (Dec. 1943- Periodical 1944) RE 628-242 Batman #170 (628-242) Periodical R 434644 Batman #5 (Spring 1941) Periodical TX 2-521-679 Batman: The Cult (1988) Periodical TX 2-046-861 Batman #408 (June 1987) TXu 521-001 Batman Returns Style Style Guide Guide I TXu 513-455 Batman Returns Style Style Guide Guide II PA 269-509 BATMAN Series – THE Television Motion Picture
JOKER’S LAST LAUGH
PA 417-162 BATMAN Motion Picture
EXHIBIT B
*6
TRADEMARK REGISTRATIONS
Trademark Registration No. Class Registration Date Bat Emblem 1581725 1581593 1581659 28 21 25 February 2, 1990 February 6, 1990 February 6, 1990 2119266 16 December 9, 1997 Bat Emblem 3299017 3110604 3326043 9 September 25, 2007 (Batman Begins) 16 25 June 27, 2006 October 30, 2007 3313612 28 October 16, 2007 Bat Rep II 1219120 16 December 7, 1982 BATMAN (Word 0856045 0858860 0828412 2457655 1652640 0839561 1221720 25 September 3, 1968 Mark) 28 October 22, 1968 21 May 9, 1967 41 41 June 5, 2001 June 30, 1991 16 November 28, 1967 16 December 28, 1982 1587507 9 March 20, 1990 BATMOBILE (Word Serial No. 85143617 12 n/a Mark) 4246497 1124961 40 28 November 20, 2012 November 24, 1981 1124961 28 September 11, 1979