Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Winter v. DC Comics

Supreme Court of California
30 Cal. 4th 881 (2003)


Johnny and Edgar Winter (the Winter brothers) (plaintiffs) are well-known musicians. The brothers have long white hair and albino features, and Johnny Winter often wears a tall black top hat. DC Comics (defendant) published a series of comic books which included two brothers, Johnny and Edgar Autumn. The Autumn brothers are depicted with pale faces and long white hair, with one wearing a stovepipe hat. One volume in which the characters appear is titled Autumns of Our Discontent. The Winter brothers sued DC Comics for misappropriation of their likenesses in violation of the California Civil Code. The trial court granted summary judgment for DC Comics. The Court of Appeal reversed, finding that there are genuine issues of fact as to whether the comic books are protected under the First Amendment. This court granted DC Comics’ petition for review.

Rule of Law


Holding and Reasoning (Chin, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 507,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 507,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial