Slashdot Mirror

← Back to Stories (view on slashdot.org)

LucasFilm Sues Jedi Mind Over 'Jedi'

Posted by timothy on from the but-it's-my-religion-man dept.

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."

16 of 212 comments (clear)

  1. No brainer by Sockatume · · Score: 4, Insightful

    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?

    --
    No kidding!!! What do you say at this point?
    1. Re:No brainer by shentino · · Score: 5, Funny

      Yeah, the part where LucasFilm's 800-lb gorilla run legal department says "I have altered the situation, pray that I do not alter it further."

    2. Re:No brainer by magnus.ahlberg · · Score: 5, Informative

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

      Actually no they do not. There are (at least) two ways to gain a trademark:

      • Registration, which is the safest one, since you know whether you have a trademark or not. This is usually marked with the (R)-symbol
      • Usage/Establishment (the legal term in Sweden is "inarbetad", I actually don't know the english equivalent), by consequently using a brand name in a certain way to market a product, service etc. you may gain trademark rights if the brand becomes part of the public awareness. Usually the TM-symbol is used to show that a company intends to use this as a trademark but it is not registered.

      Trademark law varies a little from country to country and please consider this a simplified explanation. IANALBIHADIL (I Am Not a Lawyer But I Hold a Degree in Law, there must be a shorter one for this - any suggestions?)

    3. Re:No brainer by afaik_ianal · · Score: 4, Informative

      Yes, you're absolutely right. According to Wikipedia, the non-registered one's are called "common law marks" in the US.

      IANAL either, AFAIK.

    4. Re:No brainer by daveime · · Score: 5, Insightful

      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 ?

  2. Settle, or settle not by Tar-Alcarin · · Score: 5, Funny

    There is no trial.

  3. Gotta give this one to LucasFilm by Rogerborg · · Score: 4, Insightful
    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.

    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:Gotta give this one to LucasFilm by martin-boundary · · Score: 5, Funny
      Welcome®to® the® 21st® century,® where® using® words® as® a® trademark® is® just® like® owning® a® trademark,® only® cheaper®!

      Thanks®, Rogerborg®!

      P.S. Please pick a new /. login, it looks like someone registered yours.

    2. Re:Gotta give this one to LucasFilm by Sockatume · · Score: 5, Insightful

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

      --
      No kidding!!! What do you say at this point?
  4. Re: There can be only one. by MRe_nl · · Score: 5, Funny

    These are not the trademarks you are looking for.
    There is no Jedi.
    The Jedi is a lie.

    --
    "Kill 'em all and let Root sort 'em out"
  5. How did they alter anything? by Moraelin · · Score: 4, Insightful

    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.

    --
    A polar bear is a cartesian bear after a coordinate transform.
    1. Re:How did they alter anything? by Sockatume · · Score: 4, Insightful

      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.

      --
      No kidding!!! What do you say at this point?
    2. Re:How did they alter anything? by mike2R · · Score: 4, Insightful

      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.

      --
      This sig all sigs devours
  6. Lucas is easy to deal with by Roblimo · · Score: 5, Informative

    George Lucas reputedly loves all those fan films and Lego Star Wars characters. At the same time, the Lucas companies must sue trademark infringers now and then if they want to retain their trademarks.

    But, as I learned some years ago while defusing a DMCA complaint against a SourceForge project that had some Lucas IP in it, if you *ask Lucasfilm politely* for permission to use their trademarks, they'll probably give it to you -- and probably won't want any money if you're a small-timer.

  7. That's terrible by h00manist · · Score: 4, Funny

    An idea thousands of years old, of wisdom and courage, co-opted and copyrighted by some 70's film as theirs.

    --
    Build your own energy sources from scratch. http://otherpower.com/
  8. Re:Flying douche... by sexconker · · Score: 4, Funny

    Does every external link from slashdot HAVE to be to wikipedia?

    Nope.
    Try this one.
    http://goat.cc/