DC Comics v. Mark Towle et al Featured Case

D.C. Comics filed a trademark infringement suit against Mark Towle, the purported owner of Gotham Garage, a California company that sells do-it-yourself kits that lets Batman fans 'pimp' their own Batmobile.

Defendant: Does and Mark Towle
Plaintiff: DC Comics
Case Number: 2:2011cv03934
Filed: May 6, 2011
Court: California Central District Court
Presiding Judge: Ronald S.W. Lew
Referring Judge: Oswald Parada
Nature of Suit: Copyright

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
January 26, 2012 22 Featured Case ORDER by Judge Ronald S.W. Lew. The Court hereby GRANTS in Part and DENIES in Part Defendant's Request for Judicial Notice 16 . The Court GRANTS Defendant's request as it pertains to the copyright registration records (Exhibits 4-9) and the design patents (Exhibits 12-14). The Court DENIES Defendant's Request as it pertains to the photographs of the Batmobile (Exhibits 1-3) and the excerpts from the Comic Books (Exhibits 10-11). As to Defendant Mark Towle's Motion, the Court hereby DENIES Defendant's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) 15 . (lom)
January 25, 2012 21 MINUTES OF MOTION (Held and Completed; Non-Evidentiary) before Judge Ronald S.W. Lew. Defendants Motion to Dismiss Claim of Copyright Infringement Pursuant to FRCP 12 (b)(6) (filed 12-16-11) 15 is DENIED. Request for Judicial Notice 16 is GRANTED in Part and DENIED in Part. The Court will prepare the Order. Court Reporter: Sheri Kleeger. (lom)
January 11, 2012 20 REPLY support MOTION to Dismiss First Cause of Action for Copyright Infringement 15 filed by Defendant Mark Towle. (Zerner, Lawrence)
January 9, 2012 19 OBJECTIONS to Request for Judicial Notice, Request for Relief 16 filed by Plaintiff DC Comics. (Drey, Nicole)
January 4, 2012 18 OPPOSITION to MOTION to Dismiss First Cause of Action for Copyright Infringement 15 filed by Plaintiff DC Comics. (Drey, Nicole)
December 19, 2011 17 Certificate of Interested Parties filed by Defendant Mark Towle, (Zerner, Lawrence)
December 17, 2011 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)
December 16, 2011 15 NOTICE OF MOTION AND MOTION to Dismiss First Cause of Action for Copyright Infringement filed by Defendant Mark Towle. Motion set for hearing on 1/25/2012 at 10:00 AM before Judge Ronald S.W. Lew. (Zerner, Lawrence)
December 5, 2011 14 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by DC Comics. (Drey, Nicole)
November 22, 2011 13 FIRST AMENDED COMPLAINT 1 ; Demand for a Jury Trial against Defendants Mark Towle, Does filed by Plaintiff DC Comics. (lom)
November 10, 2011 12 Featured Case MINUTE ORDER IN CHAMBERS by Judge Ronald S.W. Lew:The Court is in receipt of the Proof of Service of Summons and Complaint 10 . The Court hereby DISCHARGES the Order to Show Cause dated November 8, 2011. (lc)
November 10, 2011 11 Featured Case ORDER granting Stipulation 9 extending defendant Mark Towle, an individual and d/b/a Gotham Garage time to respond to complaint to 12/6/11 by Judge Ronald S.W. Lew (lc)
November 9, 2011 10 SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff DC Comics, by Publication on 9/16/11 and 9/23/11 upon Defendant Mark Towle last date of publication 10/7/2011, answer due 12/6/2011. Publication was made in the The Orange County Register. (Drey, Nicole)
November 9, 2011 9 Joint STIPULATION Extending Time to Answer the complaint as to Mark Towle answer now due 12/6/2011, filed by plaintiff DC Comics.(Drey, Nicole)
November 8, 2011 8 Featured Case MINUTE ORDER IN CHAMBERS by Judge Ronald S.W. Lew: as to why this case should not be dismissed for lack of prosecution. The Court orders that plaintiff(s) shall show cause in writing no later than NOVEMBER 18, 2011, why this action should be dismissed as to all remaining defendants for lack of prosecution. (jl)
September 6, 2011 7 Featured Case ORDER by Judge Ronald S.W. Lew: granting 6 Plaintiff's Ex Parte Application for Order Authorizing Service of Process on Defendant by Publication and Mail and Request for Enlargement of Time Within Which to Effect Service. IT IS HEREBY ORDERED that the Application is granted as follows: 1) Service of the summons in this action on Defendant shall be accomplished by publication in the Orange County Register, a newspaper published in the State of California, and designated as the newspaper most likely to give actual notice to Defendant; 2) The publication shall be made once a week for four (4) successive weeks, pursuant to California Government Code § 6064; 3) Plaintiff shall concurrently mail a copy of the summons, complaint and order for publication to both the last known address for Defendant and the address of Defendant's counsel; 4) This order does not preclude service upon Defendant in any other manner authorized by the Federal Rules of Civil Procedure, which service supersedes the service by publication; and 5) Plaintiff shall have a sixty (60) day enlargement of time within which to serve Defendant, and in no event later than November 2, 2011. (lom)
August 31, 2011 6 EX PARTE APPLICATION for Order for AUTHORIZING SERVICE OF PROCESS ON DEFENDANT BY PUBLICATION AND MAIL AND REQUEST FOR ENLARGEMENT OF TIME WITHIN WHICH TO EFFECT SERVICE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by plaintiff DC Comics. (Attachments: # 1 [PROPOSED] ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF PROCESS ON DEFENDANT BY PUBLICATION AND MAIL AND REQUEST FOR ENLARGEMENT OF TIME WITHIN WHICH TO EFFECT SERVICE)(Drey, Nicole)
May 6, 2011 5 NOTICE TO PARTIES OF ADR PROGRAM filed. (et)
May 6, 2011 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by DC Comics. (et)
May 6, 2011 3 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by DC Comics. (et)
May 6, 2011 2 NOTICE of Interested Parties filed by Plaintiff DC Comics, identifying Other Affiliate E C Publicatins, Inc., Other Affiliate Warner Bros. Entertainment Inc, Other Affiliate Time Warner, Inc. for DC Comics. (et) (ds).
May 6, 2011 21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Does 1-10, inclusive, Mark Towle. (et)
May 6, 2011 1 COMPLAINT against Defendants Does 1-10, inclusive, Mark Towle. Case assigned to Judge Ronald S.W. Lew for all further proceedings. Discovery referred to Magistrate Judge Oswald Parada.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff DC Comics. (et) (ds).

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Defendant: Does
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Defendant: Mark Towle
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Plaintiff: DC Comics
Represented By: James Andrew Coombs
Represented By: Nicole L Drey
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