The ruling came in a lawsuit DC Comics brought against Mark Towle.
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Towle produces replicas of Batman’s Batmobile, as depicted in the 1966 television show and the 1989 film, and sells them to collectors.
In the case of the Batmobile, however, the court found that the auto was distinctive enough in its design and “sufficiently delineated” in its portrayal through the series to be considered a character in its own right.
In the legal battle with DC, the unbowed Towle and the California man’s lawyers also pondered if such a suit by DC would send a chill through the great vehicle industry and that his Batmobile didn’t look like the auto in the comics, which should be the standard of copyright.
“First, because the Batmobile has appeared graphically in comic books, and as a three-dimensional vehicle in television series and motion pictures, it has ‘physical as well as conceptual qualities, ‘ and is thus not a mere literary character”, the court ruled.
“Characters exist in comic books and movies and TV shows”, he said.
The latest version of the Batmobile has been unveiled ahead of next year’s release of the much anticipated “Batman v Superman: Dawn of Justice” action film.
Among the Batmobile’s traits she cited in her ruling were sleekness and power, which allow Batman to maneuver quickly while he goes after bad guys. However, the panel dismissed these arguments, saying that it is similar to James Bond changing his attire — it did not alter the characteristics that made the auto the Batmobile. You can read the judge’s entire Bat-opinion here if you wish. The Batmobile, in its various incarnations, is a highly-interactive vehicle, equipped with high-tech gadgets and weaponry used to aid Batman in fighting crime.
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For instance, Ikuta notes, “Equally important, the Batmobile always contains the most up-to-date weaponry and technology”.
