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]
3D printing is a dumpster fire of stupid, obvious patents, but thankfully many of these are expiring; this year, the stupid patent on putting sides on a 3D printer (extrusion printers are very sensitive to errant breezes and just a puff of wind can ruin a print that took hours, just minutes before it completes).
For years, rogue archivist Carl Malamud (previously) has been scanning and posting proprietary elements of the law, such as standard annotations or building and safety codes developed by outside parties and then incorporated into legislation, on the theory that if you are expected to follow the law, you must be able to read, write and […]
Artist Coop's revival of the outstanding skulls of the Randotti Corporation (as seen at Disneyland and Walt Disney World!) continues with a line of tights featuring Haunted Skull, Voodoo Skull and Pirate Skull.
There’s much ado about coffee brewing methods these days, but most of us – at least on the busy weekdays – just want our morning joe to be consistent, easy, and most of all, fast. If that sounds like anyone on your Christmas list, they’re going to get a lot of mileage out of the […]
Online shopping is going to be through the roof this month, and you’d better believe that hackers know it. If you’re going to invest in a virtual private network, now is the time. Especially when Windscribe VPN is offering its own holiday discount. At their current price point, it’s well worth jumping on the paid […]
Cheap massage chairs are a common Christmas gift, but we’re willing to bet they don’t get a lot of actual use from the people who could really use a massage. We’re talking about people with deep, chronic joint pain or anyone who does a serious workout on a regular basis. For that kind of soreness, […]