Opinion
ORDER RE: PERMANENT INJUNCTION
RONALD S. W. LEW, District Judge.
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 infringed by Defendant Mark Towle, an individual and d/b/a Gotham Garage ("Defendant"). Specifically, DC Comics owns all copyright interest in and to the Batman character, all Bat symbols, the Batmobile, including the iterations and versions appearing in the 1966 television series Batman and the 1989 motion picture Batman, and all Batman-related indicia (collectively "the Batman Copyrights"). The Batman Copyrights are reflected, inter alia, in the copyright registrations identified 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 distribution of replica vehicles, vehicle kits, vehicle parts and accessories, and other merchandise bearing any simulation, reproduction, counterfeit, copy, or colorable imitation of any of the Batman Properties ("Unauthorized Products") are in violation of DC Comics' rights in and to the Batman Properties.
Therefore, based upon the foregoing facts, and good cause appearing therefore,
THE COURT HEREBY ORDERS that this Injunction shall be and is hereby entered in the within action as follows:
1. Defendant and his agents, servants, employees, and all persons in active concert and participation with him who receive actual notice of this Injunction, are hereby restrained and enjoined from:
a. Infringing the Batman Properties, either directly or contributorily, in any manner, including generally, but not limited to, the manufacturing, producing, distributing, circulating, selling, marketing, offering for sale, renting, advertising, promoting, exhibiting, or otherwise disposing of any Unauthorized Products;
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.
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.
EXHIBIT A
COPYRIGHT REGISTRATIONS
Copyright Registration Title of Work Type of Work R 674652 Detective Comics #156 Periodical (Feb. 1950) RE 575-202 Batman #164 (June 1964) Periodical RE 628-257 Detective Comics #341 Periodical (July 1965) RE 635-675 World's Finest Comics Periodical #154 (Dec. 1965) R 509062 Batman #20 (Dec. 1943-1944) Periodical 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
TRADEMARK REGISTRATIONS