The Copyright Battle Over Custom-Built Batmobiles 194
Hugh Pickens writes writes "Eriq Gardner writes that Warner Brothers is suing California resident Mark Towle, a specialist in customizing replicas of automobiles featured in films and TV shows, for selling replicas of automobiles from the 1960s ABC series Batman by arguing that copyright protection extends to the overall look and feel of the Batmobile. The case hinges on what exactly is a Batmobile — an automobile or a piece of intellectual property? Warner attorney J. Andrew Coombs argues in legal papers that the Batmobile incorporates trademarks with distinctive secondary meaning and that by selling an unauthorized replica, Towle is likely to confuse consumers about whether the cars are DC products are not. Towle's attorney Larry Zerner, argues that automobiles aren't copyrightable. 'It is black letter law that useful articles, such as automobiles, do not qualify as "sculptural works" and are thus not eligible for copyright protection,' writes Zerner adding that a decision to affirm copyright elements of automotive design features could be exploited by automobile manufacturers. 'The implications of a ruling upholding this standard are easy to imagine. Ford, Toyota, Ferrari and Honda would start publishing comic books, so that they could protect what, up until now, was unprotectable.'"
As an art student... (Score:5, Informative)
I would argue the automobile is a sculpture, and therefore protect-able from exact replication using blueprints/tooling. However, like any work of art, it is an interpretation by the artist. If I make a Batmobile-looking car I am making what my interpretation of the Batmobile is, it's not the same as making a Batmobile. As long as I do not sell the item claiming it is, in fact, a real Batmobile or use trademarked brands on the car or in it's promotion then I should be okay.
Re:As an art student... (Score:4, Insightful)
Vehicles from the 1940s through 1970s, and into the 80s? Sure they are - or can be, at least.
But pretty much every automobile today is just a stylized wind tunnel tested form. They're somewhat more unique than the crap from about a decade ago and have unique bumpers, grills, etc. but for the most part there's little to distinguish them from each other, with rare exception. VW is making cars that look like Porche; BMW is making cars that look like Cadillac; and so on.
The original Batmobile (from the 60s show)? I'm sorry, but even as a kid it was pretty obvious there wasn't much distinctive about the car. They put some stylized fins on it, painted it like his underwear, and put a cockpit and jet propulsion on it to say "look, it goes fast". Sorry. That's like saying an iPhone is art: how, exactly, does it deviate from commonly expected definitions of whatever it serves functionally? It doesn't.
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I wish you were correct. They only really decent wind tunnel designs I ever see are on either hybrids or supercars which is another wind tunnel design for another purpose.
Porsche is a VW brand, they share many platforms. Cadillac is the one ripping off BMW. They have been trying to fight the 3 and 5 series for years.
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I wish you were correct. They only really decent wind tunnel designs I ever see are on either hybrids or supercars which is another wind tunnel design for another purpose.
The Nissan 240SX, introduced in 1989, has a Cd of 0.26, which makes it competitive with hybrids. They get 30 mpg on the highway in stock form, without driving them especially carefully, and they have an extremely primitive engine by modern standards. It's a truck motor basically, but Nissan used it in everything. There's a single cam and a twin cam and the difference is negligible and it's cheaper to get a reground cam when you only need one. One of the best cars ever made.
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I agree, but I was looking at cars made this century really.
Cars in my part of the world are pretty rusty by 10 years old and gone by 20 if they are daily drivers. The
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fueleconomy.gov says you're exaggerating. The original EPA sticker for the 1989 240SX was for 26MPG highway with the manual transmission. The automatic was 25MPG. 30MPG might be doable if you drive very carefull.
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Having owned one with the manual transmission and achieved real-world highway mileage of 30 mpg without doing anything special and on H-rated tires (well-inflated though) I call shenanigans. Mine had a quarter-million miles on it, too. And the automatic has a lockup torque converter and the same final ratio, so if you're not over-accelerating then there's no reason why it should suffer much, either, but I only owned an automatic for a moment and sold it pretty quickly.
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"VW is making cars that look like Porche;"
I wonder who designed the original VW - the one with the rear mounter horizontally opposed air cooled engine...
Re:As an art student... (Score:4, Funny)
That guy really should have made a sports car at some time. We can only dream.
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BZZT wrong.
They started collaborating in 1969 with the 914 which used a VW engine.
By 2002 they were using the same SUV platform. It is used for the VW Toureg, the Audi Q7 and the Porsche Cayenne.
Since 2005 Porsche owned almost 20 percent of VW. This brought to already close companies further together.
The companies merged in 2009, but that has nothing to do with what the GP was talking about.
The VW Caddy and the Kangoo do not look anything alike. The post 2008 models look even more extremely different in win
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Ford Ka and Mazda2 share a platform, Mazda 3 is bigger. Sorry the GP confused me with his nonsense.
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BZZT wrong.
They started collaborating in 1969 with the 914 which used a VW engine.
Volkswagen and Porsche have been "related" for as long as there has been a Volkswagen. Hitler originally ordered Ferdinand Porsche to develop the Beetle in 1933.
But yes, platform-sharing is more important here than the actual corporate relationship; two otherwise-unrelated companies may co-develop a vehicle and end up with nearly identical products.
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Ok then, try to explain why VW Caddy and Renault Kangoo looks so similar.
Or Renault Laguna and Ford Mondeo, or Mazda 6.
Or Renault Wind and Ford Ka or Mazda 3.
What you're missing is that this is the way it has long been. Charger, Challenger, Super Bee, for example. Or Camaro, Firebird, Trans Am. Most designs from GM, Chrysler or FoMoCo are sold under three different marques! Only flagship vehicles and trucks are exceptions.
Re:As an art student... (Score:5, Funny)
Re:As an art student... (Score:5, Insightful)
Your insinuation that only lawyers are entitled to an opinion on the application of copyright is misguided. Understanding copyright is everybody's business. Unless you never write a line of code or post to a blog or Twitter, copyright's ever-widening reach ensnares you, too. Know the basics, or risk finding yourself on the wrong end of a lawsuit.
Obviously, the more financial stake you have in the output of your keyboard, the more research and expert consultation you'll require.
If you disagree with grandparent, argue on the merits of his/her interpretation.
Re:As an art student... (Score:5, Informative)
I DO understand copyright, in so far as it affects my life as a writer of software (it does) but in this case, the bat-mo-people are arguing trademark with a crossover into copyright and derivative works.
I suppose I could have just said, "No, your interpretation is probably wrong", but this is
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That's what I think, too. Batmobile should be a trademark issue and the copyright argument seems like an unwarranted stretch. I'm kind of glad I'm not a lawyer, since I don't need to attempt to persuade a judge that up is down and black is white.
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I agree. MFWAL (My father was a lawyer) and he was paid to defend people, whether what they did was right or wrong...and he was very good at his job. So if a lawyer is paid to argue that up is down and black is white, that the lawyer will do.
My father didn't always win (USUALLY, but not always) and I can remember him talking to a con in prison on the phone...very pleasant, cordial, helpful, polite. I questioned him about why he was so nice to the guy, who really was "not a nice person". His reply..."Every
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Nemo censetur legem ignorare.
Of course, this only really applies to civil law systems.
Re:As an art student... (Score:4, Informative)
It's Latin, from Aristotle, meaning "nobody is thought to be ignorant of the law". (first google result).
It's the principle that all people within a certain jurisdiction are assumed to know everything about that jurisdiction's laws. In particular, you cannot use ignorance as a defense for having breached the law.
Therefore every citizen must take preventive steps to know as much about the law as is reasonably feasible, rather than always depending on a lawyer.
Not knowing this seriously puts in question the quality of your education.
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If that is Latin, which on the face of it is true, then it most definitely is NOT from Aristotle.
Something should be said about using ignorance to support an argument against using ignorance as a defense. Not quite sure what.
Actually this whole thread makes me think that Green's Law needs to reformulated in a way that would generalize it to cover this kind of thread. For those who do not know or may have forgotten, Green's Law states:
You can lead a horticulture, but you cannot make her think.
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A sentence can be attributed to someone even after having been translated.
The sentence is known better in Latin because it was a strong principle in ancient Rome.
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And the attribution should mention that this was the common Latin translation of the Aristotle quotation. This is especially true with Aristotle, as the early Christian church adulterated his teachings to better fit their orthodoxy as they incorporated his pagan based philosophy into their theocratic structure.
I grant that the failure to properly attribute quotations that have been tainted by the religious propaganda of centuries ago is a common error. But that does not make it excusable.
It really is a sh
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That's a different Green, I believe. The one I refer to is more often associated with Cole's Law, and the slicing and dicing of... well, just about anything I guess.
I find your signature, "horror vacui", amusing. I have been doing some texture work in Blender that requires packing as much image information as possible into a 1024x1024 space. Horror vacui is an excellent label for this practice. Thank you for bringing it to my attention.
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The United States has broken this with 'National Security Letters' and FISA. There are laws which you are not allowed to read until you are taken to 'trial' by them.
Both NSLs and FISA are about warrants, no? NSLs to gag recipients, FISA to issue the warrants in the first place. Both of these concepts are explained in public laws.
Is anyone claiming that there are actually secret laws, under which people have been secretly charged and secretly convicted?
A certain amount of paranoia is healthy, but let's not overdo it.
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As an art student, your opinion is irrelevant. A car is not a work of art. This is not subject to interpretation: what is and what is not a work of art is strictly defined by law. Otherwise, the law would be ripe for abuse, since any product of human manufacture can be argued to include some form of human expression and thus could be interpreted as art. Art has special protection by copyright due to special-purpose laws and it is very important to clearly define what is and what is not covered by them, rega
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> It's as complicated as defining "life" in abortion vs. pro life cases.
The cells are alive.
You're an idiot.
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You know...with cars, I just don't understand th
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No. To copyright an exact replica would mean no more 3rd party suppliers. I don't see how that benefits society in the least.
Bent on Ruining.... (Score:3)
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if your childhood isn't over, how exactly is your childhood ruined because you can't have everything your greedy little heart desires?
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I think he's trying to say that by suing this guy, he'll never be able to own a 1960 Batmobile. Which is ruining his childhood (but maybe you did undestand that, and I'm not understanding why you're upset).
I want a Batmobile, but I do think maybe it should be be able to be copyrighted. I'm really torn on this one. I don't agree with copyright law, but I think this one may be a good one.
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No, I didn't understand that - hence my question. How, exactly, is his childhood "ruined" because he can't have a shiny thing?
Trade mark or copyright? (Score:2)
Warner attorney J. Andrew Coombs argues in legal papers that the Batmobile incorporates trademarks with distinctive secondary meaning
but
Towle's attorney Larry Zerner, argues that automobiles aren't copyrightable.
Since something need not be capable of protection by copyright to be capable of protection by a trade mark (a single word, for example) and since something need not be a trade mark to be eligible for copyright protection (this eliminate pretty much everything which is protectable by copyright today), Zerner's statement may be true as a matter of law, but it does not address the Warner's claim.
Tough Call (Score:2)
IANAL, but even fro ma practical standpoint... I see it being fuzzy.
I imagine it falls somewhere between kit-cars and merchandise. Also, I imagine the Batman Logo would hurt it. If it had THAT, then DC would tear them a new one. Without it? Hard to say.
For example, let's say you start selling sculptures of model X-Wings / Millenium Falcons / Enterprises / Battlestars / etc. without first getting permission / approval / licenses. Well, you'd be violating a bunch of copyrights / trademarks / etc. and wou
Am I the only one.... (Score:2)
.... who thought this was going to be about BeOS?
Working on the new Fantastic Four (Score:5, Funny)
Johnny Pinto, able to burst into flame
Suzy Smartcar, tiny but strong
and of course, The VW Thing
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I'll just wipe up this coffee now :P
As an aside, there is a guy who parks in front of my apartment building who drives a VW Thing. One of the more ugly vehicles of course, but definitely distinctive.
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I'll just wipe up this coffee now :P
As an aside, there is a guy who parks in front of my apartment building who drives a VW Thing. One of the more ugly vehicles of course, but definitely distinctive.
It is simply a WWII Nazi Military Jeep. Not really changed at all.
Now, does this count as a "Godwin" post?
Do they really want to open this can of worms? (Score:3)
By the same argument, the studios like Warner are liable for every time they depict an existing vehicle. Do they have proof of licensing from the auto makers for showing a VW bug or a Mustang? How about some guy's tricked-out bike? And they've got deeper pockets to hit than some guy in a garage.
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Do they have proof of licensing from the auto makers for showing a VW bug or a Mustang?
I've seen programs, i.e. Mythbusters, fuzz out the nameplates of cars. In regards to studios such as Warner, I think they do want to open this can of worms. They seem to do more stuff with lawyers instead of stuff with writers and directors (actors go into politics) so whether it is beneficial or not, they will dive into copyright battles.
Hey, we now have car analogy such as what AC posted earlier: Ferrari Man and Toyota Boy. And a top 5 rated comment by paiute, "Working on the new Fantastic Four"
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I think you will find that car manufacturers want their cars to appear in movies, and probably pay the studios to include them, or at least give them the cars for free or at a reduced price so that they will use them.
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Exactly, the GP, doesn't understand these two words:
Free Advertising.
Why? (Score:2)
It's not like Warner is selling their own cars these guys compete with. What's the point of pissing off your fanbase?
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It's not like Warner is selling their own cars these guys compete with. What's the point of pissing off your fanbase?
They have to protect their property somewhat. If the car has the Batman logo, then they might have more of a leg to stand on. DC owns the Batman brand, letting someone (A) profit from it without their cut or consent and (B) potentially DAMAGE (or at the least dilute) the brand would hurt their bottom line.
Let's say they shrug their shoulders and say "have at it" like some fans want. Where does it end? I'm not talking about fan fiction and stuff, but for-profit stuff.
Let's take an EXTREME, let's say they
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Toyota accelerator fiasco? Was that not found to be oldsters who can't tell brake from gas?
Bring back 3 pedals, that would sort this out.
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Toyota accelerator fiasco? Was that not found to be oldsters who can't tell brake from gas?
Bring back 3 pedals, that would sort this out.
No, a few years ago Toyota had an actual issue that was perhaps blown out of proportion, but it existed in some rare cars. I forget if it was a software glitch or some bad parts.
Accelerators are electronic / computerized now. It USED to be, you pushed the accelerator, which pulled a cable, which pulled a widget that controls the throttle. Now it's computerized: so the pedals now send a signal to a computer that says "He's pushing it this hard" and the computer says "OK, let's adjust the air/fuel mixture
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I have had the old mechanical ones stick. Flooring it was how I got it unstuck. Since I had 3 pedals I could have always held down the clutch. Which should always mean no power gets to the wheels, of course a slushbox can be shifted into neutral as well, but no one seems to know that.
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With the electronics, it wasn't a problem of something getting physically stuck but a sensor sending faulty data regardless of the position of the pedal, or the software just completely putzing up. Supposedly even flooring it wouldn't "reset" the issue. Think frozen computer... clicking erratically won't fix the issue. In my case, the sensor was faulty and would occasionally just stop reading input from the pedal at all until I turned off the car (think "reboot").
But yes, my first thought would be to thr
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Toyota accelerator fiasco? Was that not found to be oldsters who can't tell brake from gas?
Bring back 3 pedals, that would sort this out.
Not after Steve Wozniak demonstrated a repeatable sequence of control "gestures" involving, IIRC, the Cruise Control that would always cause it to happen...
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I believe that was a different issue than the one spoken about in the stuck accelerator fiasco.
Not a lot of people are using cruise control in town.
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Did you ever stop to think that maybe Batman should be in the Public Domain by now, rendering all of this moot?
I'd considered RECENTLY as I was having a debate about the whole "Disney" thing and how they pretty much took control of a lot of old content. My position is more of a personal preference since (A) IANAL and (B) the law is on DC's side about not releasing Batman to Public Domain.
I think I'm OK with a company holding the rights AS LONG AS they are actively developing it. In the case of Batman: there are multiple comics out each month that continue and expand the story. They've branched off with Batgirl, B
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Because in this new utopian fascist state, meglomanical CEOs don't get a rats ass about fanbase, people, or common sense. They care about power and the ability to project it. They don't even consider the ramifications (mentioned in other posts), but just for what *they* get out of the struggle. Business is a necessary evil, but sadly in the past few decades Evil has been more the modis operendi.
Though not a Marxist myself, I think he was on to something when he said Capitalists will gladly sell the rope
Be careful what you wish for (Score:5, Insightful)
If this lawsuit does establish a new intellectual property right, Warner could be in big trouble.
The 1966 Batmobile is a modified Lincoln Futura concept car from 1955. As this is a brand new type of property right, it's unlikely that George Barris who bought the concept car and modified it to make the Batmobile ever bought the 'sculpture' rights to it, so the rights would revert to the 'sculptor' of the original car, the Ford Motor Company. If they win, Warner could not stop clones, as Ford would be the rights holder, not Warner... and Ford would be able to bill Warner for the use of their 'sculpture' in all the toys, films, TV shows that have used it over the years.
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it's unlikely that George Barris who bought the concept car and modified it to make the Batmobile ever bought the 'sculpture' rights to it, so the rights would revert to the 'sculptor' of the original car, the Ford Motor Company.
The thousands of parts scavenged from the plastic model kits of the era are not the same thing as the props built for Star Wars.
Barris was trying to get Hollywood's attention with the Futura, but aside from "It Started With a Kiss" in 1959, the Futura had been languishing in his Hollywood shop for several years.
In December 1965 Ford sold the Futura to Barris; despite its huge original production costs --- the equivalent of approximately US$2 million in 2009 ---- Barris was able to buy the vehicle for the nominal sum of $1.00 and "other valuable consideration".
Batmobile [wikipedia.org]
George Barris [wikipedia.org] has been customizing vehicles for private clients, film and television productions since the late 1940s --- and his style is instantly recognizable.
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If this lawsuit does establish a new intellectual property right, Warner could be in big trouble.
The 1966 Batmobile is a modified Lincoln Futura concept car from 1955. As this is a brand new type of property right, it's unlikely that George Barris who bought the concept car and modified it to make the Batmobile ever bought the 'sculpture' rights to it, so the rights would revert to the 'sculptor' of the original car, the Ford Motor Company. If they win, Warner could not stop clones, as Ford would be the rights holder, not Warner... and Ford would be able to bill Warner for the use of their 'sculpture' in all the toys, films, TV shows that have used it over the years.
What's strange is that Barris retained ownership of the Batmobile, and leased it to Warner Brothers.
So either what I read was incorrect, or Barris sold the car to Warner or DC at some point; or the Plaintiff has no Standing to sue whatsoever (assuming the replica doesn't have a Batman logo on it. I would argue even calling it a "Batmobile" (which is probably Barris' term) wouldn't be enough to confer standing to sue).
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...and Ford would be able to bill Warner for the use of their 'sculpture' in all the toys, films, TV shows that have used it over the years.
I doubt it. [wikipedia.org]
This is a trademark battle (Score:3)
If you read the article, this is basically a trademark battle, with some copyright FUD thrown in for good measure.
Trademark is basically about fraud - would a reasonable person think that they have bought an official Batman car, or just a unofficial replica? So, Warner may or may not have a case, depending on how these are marketed and sold. However, what I think Warner is really trying to do is to spend Mr. Towle under the table, and they are likely to be quite successful in that.
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If you read the article, this is basically a trademark battle, with some copyright FUD thrown in for good measure.
Trademark is basically about fraud - would a reasonable person think that they have bought an official Batman car, or just a unofficial replica? So, Warner may or may not have a case, depending on how these are marketed and sold. However, what I think Warner is really trying to do is to spend Mr. Towle under the table, and they are likely to be quite successful in that.
I would hazard to guess that certain items are protected - the distinctive Batman emblems, for example and many be the paint scheme - assuming they were trademarked. An interesting comparison is the Cobra replicas - you can copy the original AC shape but can't use Cobra emblems (unless you buy them from the trademark owner).
Hollywood (Score:2)
Hollywood will love it when they have to pay a licensing fee for every car in every shot in a movie - retroactively of course.
And then there's this from TFS:
Trademarks have to registered with the PTO or they do not exist - looks to me like he's
The real reason... (Score:2)
Maybe DC wants to protect a revenue stream from licensing the Batmobile for full sized vehicles?
Paint it white (Score:2)
or put a bumper sticker on it... And then it's your interpretation of a Batmobile, and it's a new work of art, and it's copyrightable by you under fair use laws.
Or, every automaker can sue Warner Brothers every time they use a car in a movie. It works both ways.
Funny story BTW, about Herbie the Love Bug... VW initially didn't *want* Disney to use a beetle in the movie. They thought it was going to hurt sales. Instead, it had the opposite effect. When the "remake" came around with Lindsay Lohan, VW was all f
Prop Replicas (Score:2)
Die Fledermaus Auto (Score:2)
The Adventures of Boring Man! (Score:3)
The Vauxhall Astra [wikipedia.org] could get Thirtysomething-married-with-two-young-children-in-the-back-seats-Man.
The Ford Transit [wikipedia.org] gets White Van Man [wikipedia.org], obviously.
With its contrived, overstyled appearance, the Nissan Juke [wikipedia.org] looks like that puppet from the Saw films [wikipedia.org], though in reality our hero^w villian driving it would be Twenty-or-Thirtysomething-twonk-with-a-moderate-amount-of-disposable-income-to-spend-on-crappy-"lifestyle-oriented"-pretend-4x4-toy-vehicles-demographic-Man (or -Woman).
The possibilities are endless, problem is that 99% of cars will look like they should be driven by Boring-Stuffed-Shirt-Man or Dull-Suburban-Mother-Woman (er, because in reality... they are).
Which one (Score:2)
There have been more Batmobile designs, in the Movies and the comics than there have been versions of the USS Enterprise
I did see the one from the Adam West TV series at ValleyCon a few years ago.
10,000 girl scouts giggling (Score:2)
[from The Fine Summary]The implications of a ruling upholding this standard are easy to imagine. Ford, Toyota, Ferrari and Honda would start publishing comic books, so that they could protect what, up until now, was unprotectable.
Warner Bros and DC Comics have little to fear if Ford, Ferrari, Chevrolet, or Hyundai start publishing comic books. But if Honda or Toyota go this route, well, that would be very hard to compete with. No matter how many Captain Vanilla look alikes the USA, Korea, or Europe produce, none of them would stand a chance against the Sailor Moons of the Japanese manga artists.
It would be the Stay Puft Boy against Godzilla in Willy Wonka's factory. It would be a disturbance of the Farce, like tens of thousands of
Elinor? (Score:2)
I seem to recall that various companies which customized Mustangs to look like Elinor from the original Gone in Sixty Seconds were successfully sued in the past.
Maybe is was because they actually marketed it as "Elinor", and I think put the name somewhere on the vehicle, that cinched that case. Not sure.
Copyright vs Design Patents. (Score:2)
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Is this a DeLorean or a Batmobile? (Score:2)
Newest Arch Villain: The Patent Troll! (Score:2)
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The educational line has a stylized Ralph Nader talking about Covairs.
It could be called "2 Unsafe 2 Speed"
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Actually you do see this. Hyundai was making copies of luxury vehicles for several years (not sure if they still are or if they were successful enough that they were able to stop) - cars that to the casual glance would like BMW, Mercedes, etc.
Hyundai's tact was, "Hey you don't have to pay for a high-end luxury vehicle to get a high-end luxury vehicle."
As far as the other manufacturers, there's nothing to gain from confusing customers.
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D'oh. Need more coffee.
s/tact/tack
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Name these cars. I have never seen one and seriously doubt they look that much like a BMW or Mercedes since neither of those look remotely similar.
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Genesis vs S-Class - here's a picture for the visual comparison: http://www.thecarconnection.com/car-compare-results/hyundai_genesis_2010-vs-mercedes-benz_s-class_2010 [thecarconnection.com]. You can also search sonata and cls550.
They have also mimicked BMW, Jaguar. (Obviously in different cars - or I'd assumed it was obvious anyway...) I'm also assuming you don't need me to google every one for you ;)
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So they copied the grills is what this looks like to me.
Angle of the car, wheel arches, are still fairly different.
Not sure I would call that a copycat, I was expecting it to be hard to tell the difference from a casual glance, but I guess it could trip someone up when in motion.
Kinda sleazy, but Buick did that with a car as well. They made it look like BMW grill.
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As far as the other manufacturers, there's nothing to gain from confusing customers.
Well that's rather simplistic. Hyundai isn't even the first example that usually comes up.
The Crysler 300 is well known to be a Bentley look-a-like, Cadillac has been trying to rip off BMW designs, some Jeep and Land cruiser designs are almost indistinguishable, And that's without looking at things like crossovers where to be honest I have trouble telling EVERY manufacturer apart!
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Didn't GM go batshit when the Chineese copied the Hummer?
I seem to recall it making quite a stir.
Cheers!
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I think that was Toyota, with their Mega Cruiser [wikipedia.org]. Sad, because its suspension, steering and drive system was quite a bit more advanced than that of the Hummer H1.
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Or these...
http://en.wikipedia.org/wiki/Humvee_manufacturing_in_China [wikipedia.org]
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because the knock offs are always slightly different
this guy runs a business called gotham garage and advertises his cars as bat 89 and so forth. and even says that he uses molds pulled from the original cars used in the production of the shows/movies.
surprised it took this long to sue him
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I've thought sometimes about starting a business venture: all the technology in the 250GTO is old enough now that I could easily build one identical to the originals. Any patents have long expired, and as long as I don't put a "Ferrari" badge on it I should be able to skirt any trademark issues. I'm sure there are enough people willing to buy something like that to make it worthwhile.
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[How can you copright] Something you can't competitively provide to the public?
Let's turn back the clock to the 80's or 90's before the Internet really got big..
The following scenario doesn't apply to the batmobile issue, but it DOES apply to your train of thought which I've heard from others before...
Young Author: This is great, my new concept of a super hero with backstory X, costume Y, and logo Z is a great idea! I've had it since childhood. Let me just get a copyright and stuff. Maybe show off a self-printed Issue #1 at a covention. I could probably find a printer to make some
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:Sigh:
Exactly the point I was making. The AC was asking how can you have a copyright if you can't competitively provide it. Following that logic, a copyright wouldn't be enforceable if the owner couldn't do anything competitive with it.
I was using an example of how silly that is: leaving it as "oh well, you win... because I couldn't compete"
Obviously, in real life, the kid gets a lawyer and sues the living **** out of the publisher. Because that's what the copyright is there for.
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Re:The Adevntures of Ferrari Man! (Score:5, Insightful)
This gentleman is reproducing something by modifying an existing car to look like another modified car. DC nor the TV producers built the car from scratch, they modified a design for a concept car from Ford [wikipedia.org] using existing Ford chassis to make their batmobile. Arguably, theirs is a derivative work in of itself, which should significantly reduce their ability to claim harm from others also making derivative works.
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How much artwork can he put on it then? Can build a replica and paint it purple? Can he paint it purple and put a yellow oval on the doors? Can he paint it purple with a yellow oval, and put a black baseball bat in the oval? Can he put a not-DC-licensed Batman stylized bat in the oval? Can he sell the car with cans of purple, yellow, and black paint, and say "here you go, one not-Batmobile, and a set of not-official not-Batmobile paints"?
Are the non-structural, non-functional elements artistic? Can he
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That would depend on where he got the logo from, and if the logo's production was licensed. If he bought a licensed logo from a store and slapped it on then I don't see a violation. It would also depend on if the show has fallen into the public domain. I had heard, for example, that at least the first season Star Trek had fallen into the public domain because its copyright wasn't renewed, but currentl
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So is wolfram alpha infringing on trademark or copyright with this [wolframalpha.com]? And if not, then why should plotting that function onto some hubcaps suddenly infringe?
You can't own math.