Superman and Wonder Woman v. Super Stud and Wonder Wench
DC Comics Inc. v. Unlimited Monkey Business, Inc., 598 F. Supp. 110, 112 (N.D. Ga., Atl. Div. 1984)

1984: Super Stud and Wonder Wench: Seven Costume Elements are Enough

Unlimited Monkey Business franchised singing telegram companies to perform skits, including two that featured characters called Super Stud and Wonder Wench.  DC Comics pursued them under trademark and copyright theories for infringing Superman and Wonder Woman.  

The court analyzed Superman's distinctive costume and established a simple description of the costume as having seven essential components: "(1) blue, skin-tight suit (2) with a yellow five-sided shield on the chest, (3) emblazoned with the red letter 'S'; (4) a red cape, (5) trunks, and (6) boots; and (7) a gold belt." The Super Stud costume was similarly described, differing from Superman only in the color of the boots, which were black.  Wonder Woman was also described on the basis of seven costume elements.  Having selected seven elements and described each element with a level of specificity, the costumes were found to be sufficiently similar when six of the seven elements were the same.

When the court looked at actions of the copyrighted characters, the most significant factor was the extent to which the actions served as "identifying elements,"an analysis that implicates consumer confusion and resonates in trademark rather than copyright.  The court also analyzed similarity between the skits and the original superhero works with a four-part test based on the (1) plot structure, (2) phrases, (3) costumes and (4) names.  The court found the sketches to be little more than an adaptation of DC Comics' original work and not protected by a defense of fair use parody.  The injunction restricted activities that threatened both trademark and copyright interests.


Christopher Reeve as Superman in the licensed Superman films from 1978-1987
    

Lynda Carter as Wonder Woman in the licensed Wonder Woman program aired on ABC from 1976 to 1979



"SUPERMAN consistently has worn (1) a blue, skin-tight suit (2) with a yellow five-sided shield on the chest, (3) emblazoned with the red letter 'S'; (4) a red cape, (5) trunks, and (6) boots; and (7) a gold belt."

 "In virtually every issue, WONDER WOMAN has worn a costume of patriotic colors and symbols comprising (1) a red top bearing gold, wing-tipped insignia; (2) a gold and white star-spangled bottom; and (3) red boots. The costume consistently has also included the following important accessories: (4) a gold tiara headband with a red star on it (which also serves as a radio receiver); (5) a magic lasso or rope which she wraps around her captives to compel them to tell the truth; (6) a gold belt which enables WONDER WOMAN to compel obedience; and (7) wrist bracelets on each arm, often used to deflect bullets."

All seven costume elements were present in both characters from their beginnings through the 1981 action, as shown below.


Superman 1, Summer 1939
Superman 360, June 1981 Wonder Woman 1, Summer 1942
 Wonder Woman 280, June 1981

Superman Identifying Elements

Monkey Business Infringing Skits

" For many years, the following words were included in the introduction to the SUPERMAN radio programs broadcast nationwide:

Faster than a speeding bullet! More powerful than a locomotive! Able to leap tall buildings at a single bound! Look! Up in the sky! It's a bird! It's a plane! It's SUPERMAN!

Yes, it's SUPERMAN -- who, disguised as Clark Kent, mild-mannered reporter for a great metropolitan newspaper, fights a never ending battle for truth, justice, and the American way!"

"One or more of defendants prepared and circulated to UMB's licensees a script suggesting that the Super Stud character identify himself as "Dark Dent", a reporter from the Monkey Business "Daily News". Assisted by a toy monkey identified to the audience as "Jimmy Olson", Dark Dent concludes, according to the script, that he is too "mild-mannered" to perform the singing telegram. Dark Dent then removes his glasses and unbuttons his shirt to reveal a skin-tight costume, declaring, "This must be a job for 'Super Stud. '"

The script also suggests that defendants' messengers recite, or authorizes them to recite, the following phrases to the telegram audience: 

(a) faster than a speeding tortoise;
(b) more powerful than an armpit;
(c) able to leap tall broads in a single bound;
(d) it's a nurd;
(e) it's insane;
(f) it's Super Stud.

The script further suggests that Super Stud inform the audience, or authorizes him to inform the audience, that Super Stud comes from "Cripoff" and refers to Dark Dent's leaving his reporter's clothes in a telephone booth.

Dark Dent's statements, as he removes his hat and glasses, that he is too "mild-mannered" and that "this must be a job for", by themselves evoke the character of Clark Kent transforming into SUPERMAN.

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The June 2, 1981 Charlotte (N.C.) Weekly Uptown showed front-page photographs of "Monkey Business' Wonder Woman" welcoming home a sports celebrity.

An article in the Charlotte Observer of the same day identified the singing telegram performer in a similar photo  [*117]  simply as "Wonder Woman".
Photo Reprints To obtain photo reprints from the newspaper, call 704-358-5845.

The February, 1979 issue of Sacramento features a cover-page color photo of a Monkey Business employee costumed as, and described simply as, "Wonder Woman". The accompanying article includes "Wonder Woman" and "Superman" among characters featured by the singing telegram service.

I tried to get a hold of those newspapers, but had no luck.