DC Comics v. Mark Towle et al

Filing 16

REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss First Cause of Action for Copyright Infringement 15 and Exhibits thereto filed by Defendant Mark Towle. (Zerner, Lawrence)

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1 2 3 4 5 Larry Zerner (SBN 155473) ZernerLaw 1801 Century Park East, Suite 2400 Los Angeles, California 90067 Telephone: (310) 773-3623 Facsimile: (310) 388-5624 Attorney for Defendant Mark Towle, An individual and d/b/a Gotham Garage 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DC Comics, 12 13 14 15 16 17 18 19 20 Plaintiff, v. Mark Towle, an individual and d/b/a Gotham Garage, and Does 1 – 10, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV11-3934 RSWL (OPx) REQUEST FOR JUDICIAL NOTICE HEARING DATE: January 25, 2012 TIME: 10:00 a.m. COURTROOM: 21 BEFORE THE HONORABLE RONALD S.W. LEW Pursuant to Federal Rules of Evidence 201, Defendant Mark Towle respectfully requests that the Court take judicial notice of the following items. 1. Photographs of the Batmobile from the 1966 Television Series (Exhibit 1). 21 22 2. Photographs of the Batmobile from the 1989 Motion Picture (Exhibit 2). 23 3. Photographs of the Batmobile from the 1995 Motion Picture (Exhibit 3). 24 4. Copyright Registration Record for the “Hi, Diddle Riddle” episode of the 25 26 1966 Batman Television Series (Exhibit 4). 27 28 -1- 1 5. Copyright Registration Record for the 1989 Batman Motion Picture 2 3 4 5 (Exhibit 5). 6. Copyright Registration Record for the 1989 Batman Motion Picture (Exhibit 6). 6 7 8 9 7. Copyright Registration Record for the 1995 Batman Forever Motion Picture (Exhibit 7). 8. Copyright Registration Record for the 1997 Batman & Robin Motion 10 11 12 13 Picture (Exhibit 8). 9. Copyright Registration Record for the 2008 Dark Knight Motion Picture (Exhibit 9). 14 15 16 17 10. Pages from the comic book Batman #170 (March 1965) which depict the Batmobile (Exhibit 10). 11.Pages from the comic book Detective #337 (March 1965) which depict the 18 19 20 21 Batmobile (Exhibit 11). 12. Design Patent 205,998 for the 1966 Batmobile (Exhibit 12). 13. Design Patent 311,882 for the 1989 Batmobile (Exhibit 13). 22 23 24 25 14.Design Patent 375,704 for the 1995 Batmobile (Exhibit 14). Federal Rule of Evidence 201(b) provides that a court may take judicial notice of a fact “not subject to reasonable dispute in that it is either (1) generally known 26 27 28 within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot be reasonably -2 – REQUEST FOR JUDICIAL NOTICE 1 2 questioned.” Accordingly, this Court can and should consider them in deciding Plaintiffs’ Motion for Preliminary Injunction. 3 4 5 As Plaintiff has alleged the Batmobiles are extremely famous vehicles and recognizable the world over, the court can take judicial notice of these photographs 6 7 8 9 of these vehicles as there is no dispute as to what they look like. Similarly, with regard to the comic books, Plaintiff specifically referenced them in Exhibit A to the FAC and therefore the court may review them. Documents 10 11 not physically attached to the complaint may nonetheless be considered by the court 12 on a 12(b)(6) motion if (1) the complaint refers to such document; (2) the document 13 is central to plaintiff’s claim; and (3) no party questions the authenticity of the copy 14 15 16 17 attached to the 12(b)(6) motion. Branch v. Tunnell, 14 F.3d 449, 454 (9th Cir. 1994); Chambers v. Time Warner, Inc. 282 F.3d 147, 153, fn. 3 (2nd Cir. 2002). With regard to the copyright records and the patent records, the court may 18 19 20 21 properly consider matters of public record. All of the copyright registrations and patent registrations are matters of public record and the court may therefore take judicial notice of them. 22 23 24 25 Accordingly, this Court can and should consider all of these documents in deciding Defendant’s Motion to Dismiss. Based upon the foregoing, this Court can and should take judicial notice of 26 27 each of the documents described above and attached as exhibits hereto. 28 -3 – REQUEST FOR JUDICIAL NOTICE 1 Date: December 16, 2011 Law Office of Larry Zerner 2 3 4 By: _/Larry Zerner/___________________ Larry Zerner Attorney for Plaintiff 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4 – REQUEST FOR JUDICIAL NOTICE EXHIBIT 1 EXHIBIT 1 Page 1 EXHIBIT 1 Page 2 EXHIBIT 1 EXHIBIT 1 Page 3 EXHIBIT 1 EXHIBIT 1 Page 4 Exhibit 1 Page 5 EXHIBIT 2 Page 6 EXHIBIT 2 EXHIBIT 3 Page 7 EXHIBIT 4 Page 8 EXHIBIT 5 Page 9 EXHIBIT 6 Page 10 EXHIBIT 7 Page 11 EXHIBIT 8 Page 12 EXHIBIT 9 Page 13 EXHIBIT 9 Page 14 Page 15 EXHIBIT 9 EXHIBIT 9 Page 16 EXHIBIT 9 Page 17 EXHIBIT 9 Page 18 EXHIBIT 9 Page 19 EXHIBIT 9 Page 20 EXHIBIT 10 Page 21 EXHIBIT 10 Page 22 Page 23 Exhibit 11 EXHIBIT 12 Page 24 EXHIBIT 12 Page 25 EXHIBIT 12 Page 26 EXHIBIT 12 Page 27 EXHIBIT 12 Page 28 Page 29 EXHIBIT 13 EXHIBIT 13 Page 30 EXHIBIT 13 Page 31 EXHIBIT 13 Page 32 Page 33 EXHIBIT 13