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

Dist. Ct. did not err in granting defendant’s motion to dismiss plaintiff’s action under Lanham Act, alleging that defendant infringed on plaintiff’s trademark “Clean Slate” that plaintiff used with respect to its software program, where defendant used same “clean slate” words in its The Dark Knight Rises movie to describe computer program used by fictional character “Catwoman” to erase all traces of her criminal past. Plaintiff could not show any actual confusion by consumers as to origin of “clean slate” product mentioned in movie, and plaintiff’s contention that defendant’s use of words “clean slate” had tarnished plaintiff’s legitimate software program was not issue pertaining to plaintiff's alleged claim of reverse confusion about origin of product, but rather was trademark dilution claim that was not pleaded in complaint.