DC Comics Sues Unauthorized Batmobile Garage

[The Hero Killer]

I dont understand what the problem is. Does DC have their own branch where you can buy Batmobile replica's from that this guy is stealing the business of?

 

[twm1709]

Gotham Garage had done irreparable harm to DC.

Yes, i'm sure.


drama queen

 

[icame]

And he didn't think that DC might take exception to him making a fortune off their designs and logo's why, exactly? Seriously, how out of it do you have to be to think that you can get away with this, a full-size counterfeit bat-car selling business with website and all isn't exactly subtle.

Your avatar fits this story nicely

 

[faefrost]

True that he shouldn't be making replica's based off of something that already has licensing and rights to, but what could instead, and stay with me now, instead of suing why not make this guy a part of the DC comic universe open a variety of shops like this across the U.S. and take a cut of his profit so it could be a win win on both sides of the case. Though i might be dreaming about a perfect world this should still be possible.

Because the message then is "Steal our stuff and we put you on the payroll" not "Steal our stuff and we put you on the streets".

I'm willing to bet he could've gotten their stamp of approval if he'd looked for it, he chose not to do it.

It's a little more involved than that. The problem is that there is a licensed business already serving this market. Licenses don't come cheap. This other business has shelled out a ton of cash to acquire it. I am sure that part of their contract dealings with DC is that they will aggressively protect said license, otherwise it is valueless to the legitimate license holder. DC isn't necesarliy sending out C&D orders because they want to be dicks about it, or because they don't want people driving batmobiles. They are doing it because they are legally obligated to do so. It is just par for the course when protecting and licensing IP.

As far as what DC can and cannot sue over, regarding the 1960's TV Batmobile, While any arguements that no IP exists because it used a Lincoln Futura as the base are complete and utter hogwash. (You can make a Futura, as soon as you add the batmobile modifications it is the protected property.) I am not 100% sure that DC actually owns those rights? Didn't Barris retain at least part of those back when he designed the thing for them? Isn't that why there really wasn't as much merchandise for that specific car as you might otherwise expect.

 

[JDKJ]

Does DC have a batmobile dealership? How is this guy infringing on the rights of DC? He sells replicas. I don't see how they could sustain financial damage from a guy making cars in his garage. Also destruction of infringing vehicles would mean the willful destruction of other peoples property right? I don't think that would go over very well. just saying.

He didn't have permission but questions here are a) did he know he needed DC permission? and b)did he willfully copy something trademarked by DC?

A, if didn't they should have let him know before jumping straight to lawsuit. C&D order with a letter letting him know he needs a DC seal of approval for such things would have been much more cost effective and efficient.

B, Now this is where this case could get murky. Did he willfully copy trademarked by DC? In a sense yes he did he made batmobiles With batman symbols. The symbols are a trademark infringement i'll give DC that. But the Batmobiles themselves are not unless he copied plans or some sort of trademarked blueprints. He's basically a cover band. If he figured out how to make the music himself DC has no grounds to sue. IF he said DC made them when they didn't or somehow got hold of DC trademark blueprints and used those then he's got a problem.

I do see this lawsuit as somewhat frivolous, especially when there were better easier less bad PR inducing ways of dealing with it. However we may not be seeing the whole picture.

I'd be surprised if they didn't send him a C&D demand. That's pretty standard in the industry.

You can trademark a distinctive shape of an object like that of the Batmobile. For example, Coca-Cola's distinctive hourglass shaped bottle is trademarked. Use a bottle for your beverage that looks like Coca-Cola's bottle and I'll bet they'll sue you quick as shit. And probably win.

 

[Jack Macaque]

He's doing something he has a real passion for who cares, bloody rich bastards.

 

[PrinceOfShapeir]

Anybody who thinks that Warner Bros isn't entirely justified needs to have a good, long thought to themselves about why it is that corporations are reprehensible for protecting what's rightfully theirs.

 

[Plurralbles]

No you're a towle.

No, sir, you really are a towle.




That is all I can say about this.

 

[CM156_v1legacy]

He's doing something he has a real passion for who cares, bloody rich bastards.

Their wealth is irrelevant. What matters is that he is breaking the law.
OT: Really, dude? Are you at all shocked?

 

[Azmael Silverlance]

Well if they close the Gotahm Garage i hope they start makign their own batmobiles X_X
Hell id like one!

 

[Bags159]

True that he shouldn't be making replica's based off of something that already has licensing and rights to, but what could instead, and stay with me now, instead of suing why not make this guy a part of the DC comic universe open a variety of shops like this across the U.S. and take a cut of his profit so it could be a win win on both sides of the case. Though i might be dreaming about a perfect world this should still be possible.

Because the message then is "Steal our stuff and we put you on the payroll" not "Steal our stuff and we put you on the streets".

I'm willing to bet he could've gotten their stamp of approval if he'd looked for it, he chose not to do it.

Isn't this a good thing? I don't see how a message that causes more talent to crop up which they can recruit and profit off is a bad thing. If untalented/dishonest/evil/whathaveyou people begin to take advantage of it then they can go back to business as usual; suing.

 

[Drabonn888]

"Band with the Bros of Gotham Garage in this Open and Fair Forum dedicated to spreading the truth and dispelling misinformation in the extremely competitive yet creative world of Batmobile Replicas, Kit Car and Star Car Building. ENLIST NOW and battle the CONSPIRACY of LIES!"

Hahahahahahahaha! They drew on a beard and mustache onto Marcus Fenix! Hahahahaha!

Edit: I posted this before actually entering the forums. "Mwahahaha! Tell the truth, *****!"

Yeah this crap needs to be shut down. Haha.

 

[Grimrider6]

DC/WB is in the right for protecting their IP here.

That being said, I wonder how easy/difficult it is to get a license from them to do this legally. That's an entirely separate question from the legality, but I wonder if big companies like this that sit on IP should be making it easier for passionate enthusiasts to pay homage to their favourite shows and movies.

 

[Booze Zombie]

I call bullshit on this guy "causing rerepairable harm to DC", seriously. Were DC secretly building their own line of replicas or something?

 

[PrinceOfShapeir]

No, but there -is- a company licensed to produce such things, Booze, which you would have seen if you hadn't made a judgment before reading the actual article.

 

[Dogstile]

The tittle was a little misgiving, I though someone who did it as a personal project being sued not someone who was selling with the name.

Its the news dude, if its not misleading, its not news

But seriously escapist, I thought this too But you know, all he has to do is stop advertising them as bat mobiles and take off the logo. Job done.

 

[mooncalf]

Reading the topic I thought "Some dudes kitted out his garage for kicks and they're taking him to court? WTH!", then... No, this guy has no excuses, it's daylight robbery and fair enough they're shutting him down. You'd think that someone that dedicated would just seek permission to do it...

 

[tzimize]

HAH! The Fenix logo is priceless.

Edit: Typical, I quote the wrong post. /facepalm.

 

[Smooth Operator]

Fuck all that lawsuit shit, I just wanna know if these guys can make a Tumbler, I'll take a dozen

 

[manythings]

True that he shouldn't be making replica's based off of something that already has licensing and rights to, but what could instead, and stay with me now, instead of suing why not make this guy a part of the DC comic universe open a variety of shops like this across the U.S. and take a cut of his profit so it could be a win win on both sides of the case. Though i might be dreaming about a perfect world this should still be possible.

Because the message then is "Steal our stuff and we put you on the payroll" not "Steal our stuff and we put you on the streets".

I'm willing to bet he could've gotten their stamp of approval if he'd looked for it, he chose not to do it.

Isn't this a good thing? I don't see how a message that causes more talent to crop up which they can recruit and profit off is a bad thing. If untalented/dishonest/evil/whathaveyou people begin to take advantage of it then they can go back to business as usual; suing.

I would encourage people to start out in the clearly legal area rathet than the using other people's IP for profit and not giving a cut.