“Batman” has been a nickname for the Dark Knight for a long time. This is a well-known cartoon character from the DC Comics Universe. They have a long history of popular superheroes, but Batman is without a doubt the most well-known. It’s no wonder, then, that the firm would want to preserve any intellectual property associated with this character. And, following the recent registration of the ‘Dark Knight’ trademark, it’s become clear that they’ll even take on furniture manufacturers as well.
A new enemy of Batman: Furniture trademark of Official Gazette
The Dark Knight has been Batman’s moniker for a long time. When the first film in the Dark Knight trilogy, Batman Begins, was released internationally, this nickname became well-known. However, 15 years later, a “Dark Knight” furniture brand appeared. A foreign company’s trademark registration for Dark Knight was published in the Official Gazette on April 27, 2021.
On its website, Anji Mingsheng Furniture Co., Ltd., the company that filed this application, states that it was founded in the year 2000. They listed the International 20th Rank on the application and requested Dark Knight registration in association with armchairs and other furniture. After publication in the Official Gazette, DC Comics filed an opposition on the grounds of priority, the likelihood of confusion, and dilution.
Consumers may become confused if there are two brands with the same name. The pre-existing trademark will challenge facing, especially if the products or services are identical. However, this isn’t always the case. Even if the service or product is not the same, the same name is still a problem for consumers. It would be misleading to include another product that is not a cartoon character – The Dark Knight, which is an animated brand that has become popular and relevant in the eyes of consumers.
As it turns out, though, this opposition goes beyond simply sharing the same name.
Is this an infringement of intellectual property?
Proving willful infringement in trademark cases that proceed to federal court is a major matter. If a judge believes the infractions were deliberate, the amount of damages awarded to the offender is frequently increased. Because The Dark Knight practically set a global record, it’s safe to presume that everyone is familiar with the brand. However, one assumption was insufficient, so DC Comics took their complaint a step further.
DC Comics submitted an image of the furniture company using Dark Knight on their products, in addition to claiming trademark dilution, probable customer confusion, and priority usage. However, the image contained more than simply text, and this could become a crucial issue in the case before the Trademark Trial and Appeal Board (TTAB).
This image features Dark Knight along with what DC Comics calls “a bat-like device featuring outspread wings.” The graphic looks are strikingly similar to the DC Universe’s sharp-angled Batman logo. Additionally, images are provided in the opposition of an armchair featuring the Batman icon. While it may not appear that the Dark Knight is involved in the furniture industry, it turns out Bruce Wayne is everywhere.
It may be difficult for Anji Mingsheng Furniture Co., Ltd to establish that trademark infringement was not deliberate. Even if the TTAB believes they did, keep in mind that this isn’t a legal proceeding. Only the parties concerned can pursue the case to federal court if the board rules in favor of DC Comics.
What happens next?
The TTAB has set a schedule for discovery, disclosure, and other actions relating to the trial now that DC Comics has filed an opposition. The deadline for Anji Mingsheng Furniture Co., Ltd to respond is August 23, 2021. If they don’t do so and don’t ask for an extension, the TTAB will almost certainly rule in favor of DC Comics.
However, if the furniture company chooses to fight the challenge, a realistic estimate of the trial time might push the end date back to 2023. While there’s no assurance that the comic book titan will win, the utilization of the Dark Knight and “bat-like” iconography doesn’t appear to bode well for the furniture company.
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