Doesn't Fox have some say in items relating to the '60s Bill Dozer Batman?
Anyhow, I would say a direct replica would be copyright infringement and use of the term "Batmobile" should be protected as a trademark.
But anything the resembles the batmobile or any design that is conglomeration of bat and car (or any vehicle for that matter) should not be protected. I worry if this decision will effect derivative products. Just because someone creates a glowing rod coming out of a handle, Lucasfilms shouldn't be able to stop them. Call it a lightsaber and copy the Darth Vader design, then it should be protected. I guess we will have to wait until the appeals decision.
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