Jenner & Block

Jenner & Block Wins Appellate Victory Dismissing Trademark Suit Against Warner Bros.

Jenner & Block secured an important victory for client Warner Bros. Entertainment on August 14, 2014, when the Seventh Circuit issued its opinion affirming a district court’s dismissal of a trademark infringement case related to the blockbuster “Batman” film The Dark Knight Rises

In 2012, Fortres Grand Corp., developer and seller of a security software program named “Clean Slate,” sued Warner Bros., alleging that use of the words “clean slate” in the movie, in reference to fictional software, infringed its trademark in the name.  In 2013, U.S. District Judge Philip Simon of the Northern District of Indiana dismissed Fortres Grand’s lawsuit, noting, “Warner Bros.’ use of ‘clean slate’ in The Dark Knight Rises does not infringe Fortres Grand’s ‘Clean Slate’ trademark…because there is no plausible claim for consumer confusion.”  The Seventh Circuit agreed, affirming the dismissal.

The team representing Warner Bros. included Partners Andrew H. Bart and Andrew J. Thomas and Associates Lisa J. Kohn and Kate T. Spelman.