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Towle Test by Mind Map: Towle Test

1. DC comics. V Towle, 2015 9th circuit court of appeals

2. Unique Elements of Expression

2.1. Paramount Pictures Corp. v. axanar prods. 2017, Garth of izar had a 2003 novel, famous among starfleet captains, and discussed his victory in an episode

2.2. Totality of traits, Silas, ultimately found no infringement, mentioned several character traits such as profeesiuonal quarterback, nighclub, unique nickname, etc.

2.3. Rice, Traditional magician garb, whose role was limited to performing and revealing magic tricks

2.4. Daniels v. Walt Disney Co., Characters embodying emotions were not unique

2.5. Esplanade Prods. V. Walt Disney, 2017 central district, "cute, curvaceous sexy squirrel", obnoxious prankester with a bad attitude sometimes jolly

3. Sufficiently Delineated and recognizable whenever it appears

3.1. Delineated

3.1.1. Daniels v. Walt Disney Co., 2018 central district of california, Moodsters characters, different name, physical characteristics, and home location

3.1.2. Metro-Goldwyn-Mayer, inc. v. Am. Honda Motor Co, 1995, Central district of calif. James Bond 16 movie appearances.

3.2. Recognizable

3.2.1. Rice v. Fox Broad Co. 2003 9th circuit Court of appeals 17,000

3.2.1.1. Daniels v. Walt Disney Co., 2018 central district of california, 1,400 viewers

3.2.2. Iconic, James Bond, Godzilla

3.2.2.1. Esplanade Prods. v. Walt Disney co. 2017 Central district of california

3.2.2.2. not mentioned by Paramount pics, but garth was iconic

3.2.2.3. Reflex Media, Inc. v. Pilgrim Studios, Inc. 2018 Central District

3.2.2.4. Silas v Hbo Inc 2016 central california central district court

3.2.3. 100,000 views, 85% unique views, 3 appearances