https://archive.org/details/LegalGeekEp88
Obviously Star Wars is back in the spotlight again, with movies once again being brought out thanks to Disney, and the Disney parks and cruise ships fully incorporating the droids and all the rest for their guests. Indeed, most of us are likely thrilled at the prospect of seeing one of the best villains in movie history Darth Vader return in the upcoming Rogue One.
However, fandom does have its limits thanks to things like intellectual property. One California fan enthusiast Michael Brown may have gone a bit too far by opening a business working under the names New York Jedi and Lightsaber Academy. Yes, this business actually offers classes to teach you how to fight with a lightsaber, just like the Jedi of the Star Wars universe. If you complete the class, you even receive a fancy certificate with a class logo similar in appearance to the Jedi Order seal of the Star Wars films.
And that, as it turns out, is not copacetic with the owners of the various Star Wars trademarks. Lucasfilm filed a complaint this month against Brown alleging trademark infringement, cybersquatting, and unfair competition among other things. How will this play out, and why did Brown get singled out over others selling fan art and the like at conventions?
As to the merits of the lawsuit, Lucasfilm and Disney own a number of federal trademark registration on various Star Wars marks, including Jedi Training Academy, Jedi, Lightsaber, and even May the 4th Be With You. Yes, I mean the pun about a date in May, not the force line. Regardless, these registrations on the marks which this business is now using are covering goods and services including clothing and entertainment services. This is likely broad enough to cover the defendant's activities, as he apparently sells shirts and the classes could be broadly considered entertainment services.
Even if Disney does not offer the same type of training, the trademarks appear to still be broad enough in the abstract to cover this activity. As such, Lucasfilm appears to have a favorable chance to win this case. Lucasfilm won a similar case against a software company using a Jedi mark in 2010 for enabling controlling computers with their minds, and I expect a similar result and likely settlement here.
How did Brown's business get singled out for a lawsuit? For one, the business is apparently very popular and successful, which means money is effectively being diverted from Lucasfilm to Brown based on the ideas and names originally conceived for Star Wars. Likewise, he has asked for a license to use these marks numerous times and Lucasfilm has denied these requests. Thus, he knew he was likely going too far and refused to avoid Lucasfilm's rights even after they turned down requests for a license.
The Bottom Line is, Brown should have likely changed the names to something similar that gets the point across without using names and terms covered by the trademarks. That may be the end result here anyway. This is another example of why fans and other businesses need to be extra careful when using names in commerce which may be owned by other parties, as doing so can tank a successful business if a lawsuit happens like this one. And for goodness sake, always always always respect the rights of or design around an IP owner who refuses a license.
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Thanks for reading. Please provide feedback and legal-themed questions as segment suggestions to me on Twitter @BuckeyeFitzy
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