For those of you who were not aware of the case, Warner Brothers had been sued by Fortres Gran, which has been selling a product called Clean Slate software, which has the ability to erase the trail of history from one’s computer. Obviously, this does sound similar to software that Catwoman is seeking in The Dark Knight Rises, in order to erase her crime record and start over again. However, the court has sided with WB and said that the fictional software in the film only bears the same name as the Fortres Gran product, and that the two different softwares do not even perform the same function.
Indiana judge Philip Simon arged, “Is it trademark infringement if a fictional company or product in a movie or television drama bears the same name or brand as a real company or product? No! …I think the fatal flaw in Fortres Grand’s case has to do with correctly identifying the exact product that Warner Bros. has introduced to the market – a film, not a piece of software. Warner Bros. ‘clean slate’ software only exists in the fictional world of Gotham; it does not exist in reality. This may seem to be a small point, but it has big ramifications for the consumer confusion analysis, which become apparent once you realize the argument that Fortres Grand has not made – and cannot make.”
-Chris
SOURCE: Hollywood Reporter
