Clean Slate

Published on Nov 20, 2015

Warner Bros. recently won a trademark infringement claim on the term "clean slate" used in The Dark Knight Rises. This presentation gives a brief overview of the decision. It was created to accompany a blog post on rachpax.com.

http://www.scribd.com/doc/142858033/Clean-Slate-Opinion-and-Order

PRESENTATION OUTLINE

CLEAN SLATE

AND THE FICTIONAL TRADEMARK INFRINGEMENT

IN 2012, THE DARK KNIGHT RISES WAS THE 2ND HIGHEST GROSSING FILM DOMESTICALLY.

Photo by Brett Jordan

IT USED A FICTIONAL SOFTWARE, REFERRED TO AS CLEAN SLATE, AS A PLOT DEVICE.

CATWOMAN WANTED THE "CLEAN SLATE" PROGRAM.

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IT WOULD ERASE HER DIGITAL FOOTPRINT FROM EVERY COMPUTER.

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EFFECTIVELY, IT ALLOWED HER TO START OVER.

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BUT FORTRES GRAND TRADEMARKED "CLEAN SLATE" SOFTWARE IN 2001.

ITS "CLEAN SLATE" SCRUBS A COMPUTER'S HISTORY WHEN THE COMPUTER IS REBOOTED.

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IT IS PRIMARILY USED ON PUBLIC COMPUTERS.

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FORTRES GRAND MADE MILLIONS ON THE SOFTWARE.

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BUT MILLIONS WASN'T ENOUGH.

IT SUED WARNER BROS. FOR TRADEMARK INFRINGEMENT.

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TO INFRINGE, A USE MUST CAUSE CONSUMER CONFUSION.

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THE COURT CONCLUDED THAT A FICTIONAL MOVIE PRODUCT DOES NOT CONFUSE CONSUMERS.

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NO ONE LOOKING FOR SOFTWARE WILL MISTAKENLY BUY A TICKET TO A MOVIE.

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THE COURT ALSO FOUND THAT THE 1ST AMENDMENT PROTECTED THE USE.

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