Legal Opinion

Warner Bros. Inc. v. American Broadcasting Companies

Court of Appeals for the Second Circuit

Decided October 6, 1983No. 850, Dockets 82-7152, 82-7794PublishedCited by 28 opinions

1Opinion of the Court

NEWMAN, Circuit Judge:

The primary issue raised by this appeal is whether as a matter of law the fictional character Ralph Hinkley, the principal figure in a television series, “The Greatest American Hero,” is not sufficiently similar to the fictional character Superman, the hero of comic books, television, and more recently films, so that claims of copyright infringement and unfair competition may be dismissed without consideration by a jury. The appeal is from a January 22, 1982, judgment of the District Court for the Southern District of New York (Constance Baker Motley, Chief Judge)…

2Cases cited42 opinions

  1. Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
  2. Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. And Michael ZaffaranoCourt of Appeals for the Second Circuit · 1979
  3. Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
  4. Sheldon v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1936
  5. A. A. Hoehling v. Universal City Studios, Inc., and Michael MacDonald MooneyCourt of Appeals for the Second Circuit · 1980

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3Cited by28 opinions

  1. Consumers Union of United States, Inc. v. General Signal Corp. And Grey Advertising, Inc.Court of Appeals for the Second Circuit · 1984
  2. Rolls-Royce Motors, Inc. v. Charles Schmitt & Co.District Court, S.D. New York · 1987
  3. Hogan v. DC ComicsDistrict Court, S.D. New York · 1999
  4. Computer Associates International, Inc. v. Altai, Inc.District Court, E.D. New York · 1991
  5. Universal City Studios, Inc. v. Nintendo Co. Ltd.District Court, S.D. New York · 1985

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