Birdman vs. Birdman

August 24, 2012

  • 99 Copyrights and Intellectual Property
  • 99II Intellectual Property
  • 99k108 k. Infringement.

99 Copyrights and Intellectual PropertyWhere plaintiff’s birdman character, who was capable of flight and successfully fought for good over evil, was a normal person who, from time to time, donned costume of a caped crusader to fight crime and flew by using a pair of small jet engines strapped to his back, and defendant’s birdman character, who also was capable of flight and successfully fought for good over evil, was a creature of fantasy endowed with wings, and used sun as a source of power, dissimilarities between the two characters were such that no conclusion that plaintiff’s ideas were utilized could reasonably be reached, and plaintiff was not entitled to recover for misappropriation of an idea for a cartoon series.
Ed Graham Productions, Inc. v. Nat’l Broad. Co., Inc., 347 N.Y.S.2d 766 (Sup. Ct. 1973)

Suggested by Jonathan Meyer, Westlaw Reference Attorney Segment Manager