In Warner Bros film The Dark Knight Rises, Anne Hathaway’s character Selina Kyle, uses her skills as a cat burglar in return for a software that will erase her criminal history from existence. This software being the ‘clean slate’

Since 2000 Fortres Gran has been selling their ‘clean slate’ product, which allows people to erase the trail of history on their computer.

Fortres Gran sued Warner Bros because of the studios ability to overwhelm the market, believing that consumers would mistake Fortres Gran’s product as something sponsored by Warner Bros. Fortres Grand sued Warner Bros. for federal trademark infringement and unfair competition under federal and state law.

To which of course, Warner Bros won.

The district court granted Warner Bros.’ motion to dismiss, finding that plaintiff’s allegations failed to establish any consumer confusion as to the source of its product, which is an essential element of plaintiff’s claims. Noting that trademark infringement protects only against mistaken purchasing decisions, not against confusion in general.

Remembering that trademarks aren’t copyrights. They serve to identify and distinguish the goods of one seller from another.