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Batmobile 1

Batmobile 1

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Published by eriq_gardner6833

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Published by: eriq_gardner6833 on Jan 02, 2013
Copyright:Attribution Non-commercial


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Larry Zerner (SBN 155473)Law Offices of Larry Zerner 1801 Century Park East, Ste. 2400Los Angeles, CA 90067(310) 773-3623Email: Larry@ZernerLaw.comAttorneys for Plaintiff Mark Towle,An individual and d/b/a Gotham GarageUNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIADC Comics,Plaintiff,v.Mark Towle, an individual and d/b/aGotham Garage, and Does 1
10,inclusive,Defendants.)))))))))))))))))Case No.: CV11-3934 RSWL (OPx) NOTICE OF MOTION AND MOTIONFOR PARTIAL SUMMARYJUDGMENT; MEMORANDUM OFPOINTS AND AUTHORITIESDate: January 30, 2013Time: 10:00 a.m.Courtroom: 21Trial Date: March 26, 2013Pre-Trial Conference: March 12, 2013Discovery Cut-Off: November 27, 2012TO ALL PARTIES AND THEIR COUNSEL OF RECORD: Please takenotice that Defendant Mark Towle dba Gotham Garage will move and hereby doesmove the above entitled Court for an Order granting partial summary judgment of noninfringement on Plaintiff's copyright infringement claims
and Plaintiff’s
trademark infringement claim on January 30, 2013 at 10:00 a.m. or as soonthereafter as this matter may be heard. This motion is made following the L.R. 7-3
Case 2:11-cv-03934-RSWL-OP Document 41 Filed 12/26/12 Page 1 of 30 Page ID #:311
conference of counsel which took place on August 21, 2013. The grounds for thismotion are the following:1.
Plaintiff is suing for copyright infringement of an automobile andautomobile designs are not copyrightable.2.
Defendant did not infringe any of the DC Comics Copyrighted Worksidentified in the First Amended Complaint3.
Defendant did not infringe any of the DC Comics Copyrighted Worksidentified in P
laintiff’s responses to interrogatories.
Plaintiff has not and cannot sue defendant for infringing the copyrights tothe 1966 Batman television program or the 1989 Batman motion picture because Plaintiff does not own these copyrights.5.
Plaintiff is unable to show any separable, nonfunctional, artistic parts of theBatmobiles that it owns the copyright to and were infringed by Defendant.6.
Plaintiff cannot prevail on its trademark claims because it knew of defendants activities at least five and as many as 8 years prior to filing thecomplaint and is guilty of laches.7.
Plaintiff cannot prove trademark infringement because there is no likelihoodof confusion.As a result, Defendant is entitled to judgment as a matter of law under Fed.R. Civ. P. Rule 56. This motion is based on this Notice, the accompanying
Case 2:11-cv-03934-RSWL-OP Document 41 Filed 12/26/12 Page 2 of 30 Page ID #:312
Memorandum of Law, the Statement of Uncontroverted Facts and Conclusions of Law, the Joint Stipulation re Motion for Summary Judgment, the Declarations of Larry Zerner, Mark Towle, Kasey Kuhlman, Seth Katz, Enrique Segarra, and BrianBoling, the deposition transcripts of George Barris and Jay Koga
n, Plaintiff’s
Response to Interrogatories, the Proposed Order, the entire court docket and filefor this case on file with the Court and such other and further evidence as the Courtmay consider at any hearing on this matter.DATED: December 26, 2012 ZernerLawBy: ______/s/________________________ Larry Zerner Attorney for Defendant Mark Towle, anindividual and d/b/a Gotham Garage
Case 2:11-cv-03934-RSWL-OP Document 41 Filed 12/26/12 Page 3 of 30 Page ID #:313

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