Software Co.'s 'Dark Knight' Trademark Suit Rises Again

Law360, San Francisco (October 2, 2013, 6:02 PM EDT) -- A software developer urged the Seventh Circuit Tuesday to revive its claims that Warner Bros. Entertainment Inc.'s “The Dark Knight Rises” film infringes its software trademark, arguing that the trial court was wrong to find the fictional program's name is protected by the First Amendment.

When the Indiana federal court found in favor of Warner Bros., it failed to realize that the First Amendment doesn't protect parties from liability for speech that is likely to cause significant customer confusion, Fortres Grand Corp. argued in its brief....
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