“Conan” Characters Insufficiently Pled to Be Copyrightable​

The magistrate judge recommended denying plaintiffs’ motion for default judgment that defendant’s figurines infringed on two of their characters because the characters, as presented by plaintiffs, were not sufficiently distinctive to warrant copyrightability. “Plaintiffs’ proffer does not plausibly support that Conan and Ironhand are protectable. Conan is a large, muscular, strong man with scars on his dark face. He has blue eyes and black hair that is cut square. He carries a great sword and wears nothing but a loincloth. His name is ‘Conan, the Cimmerian,’ and he fights. Ironhand likewise wears only a loincloth with a belt and sandals, and he carries a long knife in a leather sheath and wields ‘a long straight sword with a broad silver guard.’ He is called Ironhand. He feels ‘no need of art, literature or intellectuality[,]⁠’ and he ‘clutches at life like a glutton[.]⁠’ . . . [T]hese qualities are notable in delineating barbarians, but they are hardly distinctive. Conan’s interest in fighting and Ironhand’s disdain for intellectuality and gluttonous embrace of life are the very definition of barbarians; these qualities are as stock to the barbarian as the interest in magic is to the magician.”

Conan Properties International LLC et al v. Sanchez, 1-17-cv-00162 (NYED 2018-06-08, Order) (Roanne L. Mann)

2018-06-12T11:53:03+00:00 June 12th, 2018|Copyright, Docket Report|