'Dark Knight' Trademark Suit Shouldn't Rise Again, EFF Says

Law360, New York (November 7, 2013, 3:21 PM EST) -- The Electronic Frontier Foundation on Monday pressed the Seventh Circuit not to revive a software developer’s trademark infringement suit against Warner Bros. Entertainment Inc. over material in the film “The Dark Knight Rises,” saying artists should be able to include trademarked products in their work without having to fend off meritless lawsuits.

In an amicus brief, EFF insisted that artistic works like “The Dark Knight Rises” routinely use the names of trademarked products, and any ruling otherwise would improperly restrict speech and harm artists who do...
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