Seems like it. And now a custom car maker who goes by the name of Gotham Garage will have to prove that it did not infringe DC Comics’ copyright to the Batmobile. You see, Gotham Garage decided to build and sell replica Batmobiles — without DC Comics’ permission. DC Comics flew out of their bat cave (lower case “b” so as to not run the possibility of infringing DC Comics’ trademark) and sued Gotham Garage claiming copyright infringement, trademark infringement, trademark counterfeiting, unfair competition under the Lanham Act, and common law unfair competition.  Yikes!

Anyhow, Judge Ronald Lew, of the Central District of California, found that Gotham Garage’s claim that the Batmobile was not protected by copyright to be, let’s just say, pure bat guano, meaning it had no teeth. Gotham Garage will now have to answer DC’s allegations that the full-size, drivable Batmobile replicas infringe DC’s rights to the car’s design.

For those of a legal persuasion, the case is DC Comics v. Mark Towle et al (2:11-cv-03934).

Via the Hollywood Reporter and Mr. Pink.

It’s back, like a double-edged dagger — an éperon — Nietzsche style.  Back by popular demand, and now going on its third year, Volunteer Lawyers for the Arts‘ legendary, ground-breaking, and no-holds-barred educational series for visual artists.

“Informative, thought-provoking, enlightening, sensical. These things should be taught in art school, but I’m glad I learned them here!” notes one artist. “Pure deliciousness. Challenging, spicy, enlightening,” notes another. Read (and see) what other past participants have said here.

Although fees are now attached, artists can register for individual classes or the entire series. Course starts March 20, 2012

Law School for Visual Artists

Topics that will be covered during the 5-week course:

Tuesday March 20, 2012
Introduction:
• Legal Hypothetical: Analyzing legal issues in your art projects

Tuesday March 27, 2012
• Basic business models (non-profit and for-profit corporations, LLC’s)
• Fiscal Sponsorships
• Employment issues
A. Studio and gallery assistants
B. Working as a preparator for art galleries

Tuesday April 3, 2012
• Free Speech
• Right of Privacy

Tuesday April 10, 2012
Contracts
• Consignment Agreements
• Licensing Agreements
• Commissioning Agreements

Tuesday April 17, 2012
• Intellectual Property (copyright and trademarks)

Click here to register for this course (or just one or two classes).

The Velvet Underground has sued the Andy Warhol Foundation, accusing it of infringing the trademark for the banana design on the cover of the rock group’s first album in 1967.

However, the Velvet Underground never received trademark registration for the image from the U.S. Patent and Trademark Office. The band argues instead that it earned trademark rights by virtue of years of association with it.

The lawsuit filed in U.S. District Court in Manhattan claimed the foundation slipped up when it licensed the design for use on iPhone and iPad products and has ignored repeated requests to stop licensing the banana image.

Via The Wall Street Journal, Bloomberg Business Week, and The San Francisco Chronicle.

The WSJ ran a heartwarming story this morning, which we’re sure was well-intentioned. Unfortunately, it may get some people in very hot water.

The article, Behind the Mickey Masks, details how undocumented immigrants in New York City dress up like characters owned by Disney, Toy Story, and Sesame Street in order to make a living. Along with outlining where these characters can be found in the city, the article mentions that these undocumented immigrants either “rent” the costumes or buy them from a seller in Mexico. In what we’re sure was a well-intentioned maneuver, the article highlights only one legal issue faced by these “impersonators.”

According to the city, people dressed as characters do not need a license because they are engaging in First Amendment activities. But if they are soliciting money they are subject to restricted locations.

Unfortunately, the WSJ article may have done more harm than good. What the article did not mention, but certainly made quite explicit, was that these costumes are not licensed from Disney, Pixar, and Sesame Street. Yes, these costumes are probably still protected by copyright and trademark law. The article mentions that the impersonators make $1,500 on any given month, and double that during holiday season, which we’re sure will get quite a bit of attention from trademark enforcers and copyright owners.

An interesting tale as told by Joan Crosby Tibbetts, daughter of Skippy cartoonist, Percy L. Crosby.

My father and his character licensing corporation, Skippy, Inc., owned many federal Skippy trademarks for ice cream, candy, bread, toys, dolls, books, film rights, and so on. But in 1933, the Rosefield Packing Company, then bankrupt, attempted to register Skippy peanut butter in U.S. Patent Office as its federal trademark. Skippy, Inc. sued and won, but Rosefield continued to expand its business, over my father’s protests.

Via Techdirt, how Kellogg’s polices its highly recognizable bird.

Kellogg’s has apparently decided that the Maya Archaeology Initiative is treading dangerously close to its breakfast cereal turf. A cease-and-desist letter was sent to the non-profit group after Kellogg’s discovered MAI’s brazen use of a natural, tropical bird in its logo, specifically one with an unusually large nose that may possibly be used to discover the great flavor of fruit.

Via Techdirt.

Law School for Visual Artists

October 5, 12, 19 and 26 and November 2, 2011
All classes 4pm to 6pm

VLA Auditorium: 1 East 53rd Street, 6th floor, NY

Free to visual artists

Legal issues can be overwhelming for many visual artists: relationships with galleries, appropriation practices, damaged artwork, art world employment practices, and collaborations with other artists are just some of the issues visual artists face.

With this in mind, Volunteer Lawyers for the Arts has initiated a course for contemporary visual artists that will make legalese comprehensible and manageable, while giving visual artists an introduction to legal issues necessary to protect themselves and their art projects. This 5-week lecture series is free to visual artists and will cover intellectual property (copyright and trademarks); contracts, consignment agreements, and licensing agreements; basic business models (non-profit and for-profit corporations, LLC’s); employment issues with studio and gallery assistants; artist websites; as well as issues in public art and commissioning agreements.

Participants who complete the entire 5-week series will also have access to one of two VLA legal clinics, where participants will meet with a pro bono attorney regarding any specific issues they may have regarding their work and projects. These clinics are also free to these participants.

The classes will be taught by Sergio Muñoz Sarmiento, Esq., VLA’s Associate Director and artist.

This class series is open to visual artists only, and includes class materials.

For more information as well as registration requirements, please click here.

From IBM, UPS, and Ford, to Wal Mart, Shell, Apple, and BP.

Via Inc. magazine.

You’d think people would be smart enough to stay away from motorcycle “groups.” Guess not.

The Hells Angels are suing Amazon and a boutique called Wildfox for using the group’s trademark name, Hells Angels, on t-shirts. “My Boyfriend’s a Hells Angel.” It’s cute, but simultaneously stupid. Note, the article mentions a copyright lawsuit, but we think they actually mean trademark infringement. Very, very different.

Previous Hells Angels lawsuit here.

Priceless!