Fortres Grand Corp. v. Warner Bros. Entertainment Inc.

OPINION and ORDER

PHILIP P. SIMON, Chief Judge.

A leading trademark treatise raises this question in one of its final chapters: “Is it trademark infringement if a fictional company or product in a movie or television drama bears the same name or brand as a real company or product?” 6 McCarthy on Trademarks and Unfair Competition § 31:149 (4th ed.). The treatise immediately goes on to note that “[t]here is surprisingly little case law on point.” Id. That’s unfortunate because it’s the exact question at the heart of this case.

Warner Bros, produced the latest Batman film—The Dark Knight Rises—and…