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Accordingly, the district court granted DC Comics summary judgment on the copyright infringement claim.

The district court also concluded that Towle’s replicas infringed upon DC Comics’ copyright. The district court held that the Batmobile was a “character” entitled to copyright protection and that DC Comics maintained a copyright in the Batmobile as it appeared in both the 1966 TV show and the 1989 movie, based on its ownership of the merchandising rights. In May 2011, DC Comics sued Towle in a California federal district court, alleging, among other things, causes of action for copyright infringement, trademark infringement, and unfair competition arising from Towle’s manufacture and sale of the Batmobile replicas. Ninth Circuit affirms that Batmobile is “character” entitled to copyright protection.