According to its website, MCMixology is a bottled cocktail company that “creates bold, daring, and always delicious experiences.” The company distributes home made brews such as “Harvest Manhattan” which features rye, pumpkin liquor, sweet vermouth and bitters. The company also advertises “The Dark Knight” which is a blend of gin, cherry vermouth, campari and aperol. Now, I need a drink. In August 2015, MCM filed a trademark registration application for THE DARK KNIGHT in a class covering alcoholic beverages. This was filed as an intent to use mark but the mark already appears to be in use as evidenced by the picture.
DC Comics is not a stranger to the Trademark Office and vigorously protects its marks. THE DARK KNIGHT is, of course, Batman’s nickname and was first applied to him in Batman No. 1 which debuted in 1940. Since then, the name has graced some very famous comic book runs and even the Christopher Nolan movies. Due to its long established use of the mark it has become quite famous and synonymous with Batman and DC Comics. It doesn’t seem out of the realm of possibility that confusion between the two DARK KNIGHTS is likely.
DC Comics requested and was granted an extension of time to oppose the registration of this trademark. The Trademark Office will not permit registration of a mark if it is confusingly similar to an already in use mark. So would you take a swig of THE DARK KNIGHT booze and mistakenly think that it is owned, authorized or licensed by DC Comics? That is the question that the Trademark Office must tackle. Don’t know about you but I might have to do a bunch of on location product testing before I can reach an answer to that question.