Lucasfilm Sues ‘Lightsaber Academy’ and ‘Jedi Club’ Over Trademark Infringement

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19 Oct 2016 04:35 #261786 by steamboat28

Tarran wrote: If none of us, singly or as a group, nor the Temple as an entity, attempts (whether with any success or not) to make any monies for *whatever* purpose, but with any connection to the term "Jedi", then we've not overstepped any bounds, right?


This is false. Trademark and copyright infringement are still infringement even if you make no money.
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19 Oct 2016 07:35 #261792 by Br. John

steamboat28 wrote:

Tarran wrote: If none of us, singly or as a group, nor the Temple as an entity, attempts (whether with any success or not) to make any monies for *whatever* purpose, but with any connection to the term "Jedi", then we've not overstepped any bounds, right?


This is false. Trademark and copyright infringement are still infringement even if you make no money.


True.

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19 Oct 2016 11:16 - 19 Oct 2016 12:01 #261798 by Tarran

steamboat28 wrote:

Tarran wrote: If none of us, singly or as a group, nor the Temple as an entity, attempts (whether with any success or not) to make any monies for *whatever* purpose, but with any connection to the term "Jedi", then we've not overstepped any bounds, right?


This is false. Trademark and copyright infringement are still infringement even if you make no money.


Thanks, Steam! :)

But uhm... I'm trying to understand the *how*... (on "Jediism" as well as on "Jedi", though it may make no difference)... is it because... damnit, I thought I had a thought for a second (LOL)... no, seriously - I mean, what you're saying seems to tell me that it is copyright infringement even for using "Jedi" in the name of a simple Facebook fan page! Isn't that a correct assessment? I mean, what are we to do? Are we not then, even now, actually-factually infringing upon copyright law even as I type/we read this??

We MUST be law-abiding... so what are we to do??

I find this very unnerving, very unsettling, and very-very-very uncool :(

P.S. ~ Lucasfilm Ltd. is still owned by George Lucas, yes? So it is HE who is doing the suing mentioned in this thread's title, not Disney, right?

EDIT; It seems that it *IS* Disney - TIME Magazine's website has this article; http://time.com/4536044/lucasfilm-sues-lightsaber-jedi-school/ , in which it states that "Disney’s Lucasfilm has sued a company that gives lessons in wielding lightsabers, arguing that it infringes on trademarks."

Well, pfpfthth :P

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Last edit: 19 Oct 2016 12:01 by Tarran.
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19 Oct 2016 12:12 #261801 by JamesSand

We MUST be law-abiding... so what are we to do??


To which Laws?

Trademarks can vary by country, which is why sometimes the same thing is called something else in a different market - the Trademark was already taken and they could not be bothered buying it. (So, and I have not looked these up, so I'm just giving a wild example - I could start James's Home Millinery Company, and call it Stetson in my country, but if I did the same in the USA I'd face legal action)

I mean, what you're saying seems to tell me that it is copyright infringement even for using "Jedi" in the name of a simple Facebook fan page!


You're only doing something "wrong" (and I use the term "wrong" loosely here) if you use the same terminology in the fields they have it protected for - the lists brother John provided)

It's not so much about the Intellectual Property of the concept, as use of the trademark in the fields they wish to do business... (as far as I can tell from the wording)

So, we can't have TotJO Skateboards. I'm not sure it's a huge issue :silly:

The use of it in fiction and prints is potentially more of an issue...



Swings and Roundabouts though - Lucasarts relies on its fans and consumers. Outside of any legitimate competition, it may be wary of frivolous litigation in order to avoid backlash and unpopular image.
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19 Oct 2016 12:14 - 19 Oct 2016 12:36 #261802 by JamesSand

P.S. ~ Lucasfilm Ltd. is still owned by George Lucas, yes? So it is HE who is doing the suing mentioned in this thread's title, not Disney, right?


I'm not sure what the intricacies of their arrangement are, but I believe he gave up the IP for everything Star Wars related wholesale, so he wouldn't really have a horse in the race when it comes to trademarks etc.

Well, I accidentally hit backspace and lost the rest of my post because the internet thought I wanted to go "back"

Thanks, computer.


This gist of it was "Disney are not necessarily the Bad Guys here - Old mate is making money by trading on their brand, and selling products that do the same.

Getting him to Stop is perfectly fair and reasonable.

Of course, you can never just "get someone to stop" in a legal case, you have to go the whole hog - So they're also making claim to any profit he has made through his business of trading on their name, and damages to their reputation that his businesses have caused - Slightly more of a dick move.

(Considering how much lawfully licensed disney, umm, crap, you can buy - I don't know if their claim of the defendant not meeting the "high standards" of their brand is legitimate....

But, you don't become a ninety-billion dollar company by being soft with how you manage your IP and trademarks....
Last edit: 19 Oct 2016 12:36 by JamesSand.
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19 Oct 2016 12:56 - 19 Oct 2016 12:56 #261808 by Tarran

JamesSand wrote:

We MUST be law-abiding... so what are we to do??


To which Laws?

Trademarks can vary by country, which is why sometimes the same thing is called something else in a different market - the Trademark was already taken and they could not be bothered buying it. (So, and I have not looked these up, so I'm just giving a wild example - I could start James's Home Millinery Company, and call it Stetson in my country, but if I did the same in the USA I'd face legal action)


To which? I'd argue that we shouldn't break any - but as far as copyright, I believe this particular case would be one of international copyright - so at least it would be an easier thing to nail down, I hope.

So, we can't have TotJO Skateboards. I'm not sure it's a huge issue :silly:


I dunno... I think we *could*, perhaps, if it was spelled just so ("TotJO")...
...or no, rather, if we just had our star emblem on it ;)

Swings and Roundabouts though - Lucasarts relies on its fans and consumers. Outside of any legitimate competition, it may be wary of frivolous litigation in order to avoid backlash and unpopular image.


True...

JamesSand wrote:

P.S. ~ Lucasfilm Ltd. is still owned by George Lucas, yes? So it is HE who is doing the suing mentioned in this thread's title, not Disney, right?


I'm not sure what the intricacies of their arrangement are, but I believe he gave up the IP for everything Star Wars related wholesale, so he wouldn't really have a horse in the race when it comes to trademarks etc.


Well, he sold the Star Wars stuffs... I didn't think he'd sell his personal brand to make more films along with it all.

Well, I accidentally hit backspace and lost the rest of my post because the internet thought I wanted to go "back"

Thanks, computer.


Oh, I HATE it when that happens!! LOL

This gist of it was "Disney are not necessarily the Bad Guys here - Old mate is making money by trading on their brand, and selling products that do the same.


Shyeah! He was even trying to acquire a trademark on something which included an already trademarked term! The sodding gobshite... lol

Getting him to Stop is perfectly fair and reasonable.


Agreed.

Of course, you can never just "get someone to stop" in a legal case, you have to go the whole hog - So they're also making claim to any profit he has made through his business of trading on their name, and damages to their reputation that his businesses have caused - Slightly more of a dick move.


Myais...

(Considering how much lawfully licensed disney, umm, crap, you can buy - I don't know if their claim of the defendant not meeting the "high standards" of their brand is legitimate....

But, you don't become a ninety-billion dollar company by being soft with how you manage your IP and trademarks....


Right? Sheesh lol

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Last edit: 19 Oct 2016 12:56 by Tarran.
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19 Oct 2016 13:00 #261810 by Archon
Normally, in situations like this, the organization received a Cease and Desist letter. In the case of New York Jedi, I can attest that the proprietor has received several and has blithely ignored them all.

I am certain that if we had received such a notice, the discussion would be headed in a different direction.
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19 Oct 2016 13:20 #261812 by Tarran

Archon wrote: Normally, in situations like this, the organization received a Cease and Desist letter. In the case of New York Jedi, I can attest that the proprietor has received several and has blithely ignored them all.

I am certain that if we had received such a notice, the discussion would be headed in a different direction.


True, but - at great risk of jynxing things here - I'm fearful that it's just a matter of time.

I love our Temple.

May the Force be with us all <3

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19 Oct 2016 15:29 #261832 by Alethea Thompson
My apologies Tarran, :) I had not caught the difference. Thank you for pointing it out.

Br. John, I'll have to track it down, LucasFilms has a lot of information on the internet about them, lol. :)

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19 Oct 2016 15:32 #261833 by Archon

Tarran wrote: ]

True, but - at great risk of jynxing things here - I'm fearful that it's just a matter of time.

I love our Temple.

May the Force be with us all <3


As do I, my friend. We can only change the moment, and fortunately at this moment we are not under fire.
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