LucasFilm Sues Jedi Mind Over 'Jedi'

An anonymous reader writes "Apparently the force is strong with LucasFilm's legal department, as they've sued the company Jedi Mind for trademark infringement and breach of contract, among other things. While LucasFilm doesn't actually own a trademark on 'Jedi,' it claims that its related marks are close enough, and that Jedi Mind had agreed last year to phase out the use of 'Jedi' in its name and product names."

Comments

No brainer

[Sockatume]

He's using Lucas' neologism to specifically call attention to the similarities between his products and the abilities of the characters that the neologism belongs to. Is there any way in which this is not a textbook correct application of trademarks?

Re:No brainer

[afaik_ianal]

Is there any way in which this is not a textbook correct application of trademarks?

Don't trademarks needed to be registered to be enforced?

Re:No brainer

[daveime]

So it would be perfectly okay for me to write a suite of novels entitled :-

Angus Pigsnot and the Philosopher's Stone
Angus Pigsnot and the Chamber of Secrets
Angus Pigsnot and the Prisoner of Azkaban
Angus Pigsnot and the Goblet of Fire
Angus Pigsnot and the Order of the Phoenix
Angus Pigsnot and the Half-Blood Prince
Angus Pigsnot and the Deathly Hallows

And J.K.Rowling cannot get even the slightest bit upset ? After all, the "main" trademark is not being abused.

Now perhaps, you see how silly your argument sounds ?

Gotta give this one to LucasFilm

[Rogerborg]

Jedi is a word that they made up, and which they clearly use and continue to use as a trademark (irrespective of whether it's registered as such).

Further, trademarks are use-them-or-lose-them: if they don't defend it from "Jedi Mind", then they'll lose the ability to stop OfficialJediJailbailSlutsInYourZipCode.com from appropriating it too.

I'm sure "Jedi Mind's" products are really neat, but if so, they can survive on their own merits, with their own original name, rather than piggybacking on Lucas' creation. Trademarks are not patents, and you don't break Wheaton's Law by having and defending them.

Re:Gotta give this one to LucasFilm

[Sockatume]

Honestly common-law trademarks are a lot less draconian than registered ones, because you have to prove your own use and likelihood of confusion.

How did they alter anything?

[Moraelin]

How did they alter anything? I'm pretty sure the same basic trademark law was in effect all the way back to Episode 4.

And it's no different from any other trademark. Just as you don't just use Apple's trademarks to sell, say, "iPod tyres" (pun on the iPod wheel, see?), or Nintendo's to sell a "Wii exercise machine" (that actually doesn't connect to a Wii), or Kraft Foods' trademark to sell something like "Cadbury chocolate flavoured condoms", or IBM's to sell something like "PowerPC dildo deluxe", you don't get to use Lucas's trademark to sell your gimmick input controller either. It's that simple.

And Lucas even invented the word. It's not as if I trademarked Pencil and started suing pencil makers. There is pretty much no way to accidentally name your product Jedi, you know, totally without trying to piggyback on Lucas's mindshare.

Honestly, it looks to me like textbook application of trademark law, as it was intended to work all along. You know, since the Trade Mark Registration Act of 1875 in the UK. Unless you want to tell me that Lucas invented a time machine to alter _that_ one, I seriously don't see how they altered any situation.

Re:How did they alter anything?

[Sockatume]

They'd already negotiated a deal (stop using the mark over the next year, and we'll say no more), which this guy has flaunted. It's hard to see much bad faith on Lucasfilm's side here.

Re:How did they alter anything?

[mike2R]

While that may be true, it just so happens that in this case both the law and common sense agrees with the 800lb gorilla.

This is not the abuse of power controversy you are looking for.

Re:That's terrible

[foniksonik]

Jedi as a term is only as old as Starwars. Anyone can use the idea you describe - they just can't call it Jedi. Call it Age Old Wisdom Courage Mind or whatever (I like KoolaidLouDobbsBirdLegsNinjaMonkeyTail myself ) just not Jedi.