112 F. Supp 2d. 330, 56 U.S.P.Q.2d 1176 (S.D.N.Y. 2000)
We won summary judgment on First Amendment and other grounds dismissing plaintiff’s U.S. Trademark Act claims of likelihood of confusing arising out of the parodic inclusion in DC Comics’ “Flex Mentalo” comic books of a copy of the well known and often-mocked Charles Atlas “Hero of the Beach” body building course ad which did not have copyright protection.