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WARNER BROS. v. AMERICAN BROADCASTING COMPANIES

No. 850, Dockets 82-7152, 82-7794.

720 F.2d 231 (1983)

WARNER BROS. INC., Film Export, A.G., and DC Comics Inc., Plaintiffs-Appellants-Cross-Appellees, v. AMERICAN BROADCASTING COMPANIES, INC. and Stephen J. Cannell Productions, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 6, 1983.

Attorney(s) appearing for the Case

Stuart Robinowitz, New York City (Steven B. Rosenfeld, Kenneth Roth, Andrew J. Frackman, and Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on brief), for plaintiffs-appellants-cross-appellees.

Richard J. Barnes, New York City (Mary D. Faucher and Townley & Updike, New York City, on brief), for defendant-appellee-cross-appellant Stephen J. Cannell Productions.

Laura V. Jones, New York City (Philip R. Forlenza and Hawkins, Delafield & Wood, New York City, on brief), for defendant-appellee-cross-appellant American Broadcasting Companies, Inc.

Before MANSFIELD, MESKILL and NEWMAN, Circuit Judges.

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...

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