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FORTRES GRAND CORP. v. WARNER BROS. ENTERTAINMENT

No. 3:12-cv-535.

947 F.Supp.2d 922 (2013)

FORTRES GRAND CORPORATION, Plaintiff, v. WARNER BROS. ENTERTAINMENT INC., Defendant.

United States District Court, N.D. Indiana, South Bend Division.

May 16, 2013.

Attorney(s) appearing for the Case

Christopher R. Putt, May Oberfell Lorber, Mishawaka, IN, for Plaintiff.

Keith V. Porapaiboon, Jenner & Block LLP, Chicago, IL, Andrew H. Bart, Jenner & Block LLP, New York, NY, Andrew J. Thomas, Jenner & Block LLP, Los Angeles, CA, for Defendant.

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...

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