Avoid the Dark Side of Trademark Infringement – Know Your Star Wars Trademarks
With the upcoming release of “Star Wars: The Force Awakens”, the market has been flooded with products related to the movie – everything from clothing to action figures to limited edition ice cream flavors (The Dark Side, dark chocolate ice cream with espresso fudge brownies, cocoa crispy pieces, and white chocolate morsels, and The Light Side, marshmallow ice cream with crispy pieces). In honor of the mass marketing, now is a good time to look at some of the Star Wars trademarks. Here is a list of some familiar phrases, as well as the scope of their trademark protection, based on information from the United States Patent & Trademark Office:
1. Chewbacca: Interestingly, CHEWBACCA has only one live trademark covering Christmas tree ornaments and decorations, plush toys, stuffed toys, toy action figures, and toy guns. The trademark has been on file since June 1, 2005.
Other marks, such as for bubble bath and children’s underwear, are no longer alive.
“Wookie” – a name used to describe the species itself – does not appear to have been federally registered.
2. Lightsaber:The weapon used throughout the Star Wars® movies, has federal protection on a variety of toys, games, and playthings, including everything from candy dispensers to hobby craft kits to pinball machines and swimming pools.
Additionally, the Star Wars® franchise has a trademark on the infamous sound associated with toy swords and role-playing toys.
3. Yoda:YODA has four live trademarks, with a variety of products covered. Goods include clothing, books, bank checks, doorknob hangers, print reproductions, and interactive computer software. The Star Wars trademarks for “Yoda, the Jedi Master” are no longer alive.
4. Millennium Falcon:There is only one live Star Wars trademark, which covers a toy vehicle.
5. Darth Vader:The ultimate evil lord, DARTH VADER currently has 6 live Star Wars trademarks. In addition to the typical toys and clothing, DARTH VADER also has separate trademark registrations for “toy banks” and “bookmarks”. And, of course, there are federal registrations for the sound associated with masks, toys, handheld playthings, and dashboard figurines.
6. Stormtrooper:STORMTROOPER, as expected, has a trademark for a variety of figures and accessories, including construction toys, three-dimensional puzzles, and toy snow globes.
But the franchise went further and recently trademarked 501ST STORMTROOPER for toy action figures and collectable figures.
7. The Force: In addition to “The Force Awakens”, the Star Wars® franchise has recently filed applications for STAR WARS FORCE FRIDAY (retail store services featuring a variety of goods and accessories), STAR WARS THE WAY OF THE FORCE (education and entertainment services), and STAR WARS THE SEASON OF THE FORCE (education and entertainment services). It appears that the power of the force will be expanding its reach throughout the galaxy in the coming months.
8. BB-8:Like C-3PO and R2-D2, the newest droid has numerous Star Wars trademark applications currently working through the PTO. In addition to the typical toys, clothing, and accessories, BB-8 has filings for processed foods – everything from milk products and drinks to fruits and vegetables to hamburgers and hot dogs.
9. Famous Characters:The Star Wars® franchise also has trademarks on familiar characters: Princess Leia, Luke Skywalker as well as new characters, such as Captain Phasma, Poe Dameron, and Kylo Ren.
An initial search showed no live registrations, however for “Han Solo” or “Lando Calrissian”.
There is no doubt that the Star Wars® franchise actively protects its federal trademark rights, which are ever expanding to additional terms and products. Keep in mind, of course, that many of the popular characters and phrases associated with Star Wars® are entitled to protection in addition to federal trademark protection. So be careful or you might find yourself associated with the evil empire of Star Wars trademark infringement.
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