The Dark Knight has triumphed once again, but not over one of his colorful and eccentric villains: Batman’s latest victory occurred in a court of law against Adelphoi Ltd., which wanted to brand a line of cricket products with the term “Batsman.”
Batsman is a position in cricket, but Adelphoi has been told that it can’t use the term on cricket-related products because it would cause the public confusion between the sport and the DC Comics superhero known as Batman.
The Daily Mail reports that Intellectual Property Office adjudicator Oliver Morris shot down a trademark request for the name to London-based Adelphoi, which is a sound and design firm.
Adelphoi wanted the term for use with a wide range of cricket goods, but Morris ruled in favor of US-based DC Comics.
The judge said that “Batman is a very well known comic book character” and noted that the superhero has been around since 1939, reports The Telegraph.
The judge accepted the “conceptual dissonance” between Batman and Batsman, but said that the public would likely confuse the two terms for one another.
“The marks look (and sound) so close that the difference in concept is likely to go unnoticed,” added Morris. “If the difference goes unnoticed then the conceptual difference has no material effect. There is a likelihood of confusion.”
Would you confuse the cricket term “Batsman” for the superhero known as “Batman?” I don’t know about you, but if I’m looking for a cricket bat, I wouldn’t go to a comic book store.