The makers of Clean Slate, a drive-wiping program, sued Warner over a fictional product with the same name in The Dark Knight Rises; the judge quite sensibly told them that trademark protects you from unfair competition -- it doesn't let you own words.
Many media companies and creators are needlessly squeamish about this stuff. I use trademarks in colloquial, imaginary or fictional ways in my books and stories all the time, and I've had lots of colleagues ask me "how do you get away with it?" I "get away with it" because it's totally, unequivocally legal.
"The problem here is that Fortres Grand wants to allege confusion regarding the source of a utilitarian desktop management software based solely on the use of a mark in a movie and two advertising websites," writes the appellate judge. Warner Bros. "does not sell any movie merchandise similar to Fortres Grand's software which also bears the allegedly infringing mark. Fortres Grand mentions that Warner Bros. sells video games. Desktop management software and video game software may be similar enough to make confusion plausible, but Fortres Grand does not allege that the video games bear the "clean slate” mark. Nor does Fortres Grand allege that desktop management software is a commonly merchandised movie tie-in (as a video game might be)."
That's a nice way of essentially saying: "Why are you crazy people wasting everyone's time with this?" Just to be clear, Fortres Grand filed a lawsuit to combat a piece of entirely fictional software. Fictional. It doesn't exist. Like...at all. But Fortres Grand went to court against it. Bang up job guys.
Software Company Loses Trademark Case Against Batman Over Fictional Software [Timothy Geigner/Techdirt]
Tim Wu, the Colombia University law professor and anti-trust/competition expert who coined the term “Net Neutrality,” has published an open letter to Tim Berners-Lee, the creator of the web and director of the World Wide Web Consortium (W3C).
Rogue archivist Rick Prelinger writes, “Oakland students planned to paint a mural on a dark freeway underpass in their city. The project is stalled because Caltrans asserts copyright to murals on its property. The details are a bit sketchy, but there’s a petition here.
Steven Boyett writes, “Humble Bundle has released a unicorn-themed Bundle, with proceeds to benefit the World Wide Fund for Nature and Fauna & Flora International. For as little as $1.00, you can get Ariel, by Steven R. Boyett (full disclosure: that’s me); Unicorn Mountain, by Michael Bishop; Homeward Bound, by Bruce Coville; and Unicorn Triangle, […]
Bamboo has lots of uses beyond just being panda food. Things like bikes, roads, scaffolding, and musical instruments are made from the fast-growing grass. But unless you are participating in a tropical-themed LARP, you probably wouldn’t want a shirt made from bamboo stalks. So why do bamboo bed sheets make any sense? Because yarn extracted from […]
If you want to work in tech, but don’t have any desire to code web apps to help businesses sell things to other business, you might want to consider a career in cybersecurity. Judging from the apparent complete infiltration of Russian hackers in American cyberspace, it seems fair to speculate that there’s a major shortage of […]
All moms are different. But all moms like getting flowers on Mother’s Day, and that’s a fact (not, however a fact we can document in any fashion.) Instead of getting chewed out for forgetting to call her on the second Sunday of May, you can take care of it ahead of time with Teleflora’s flower […]