LFL files suit against Maryland EL saber maker for infringement

[Korbanth]

Saw this on Rebelscum today...heres the link, but I did a cut/paste below too:

http://www.rebelscum.com/story/front/Pirat...suit_101611.asp

SAN FRANCISCO--(BUSINESS WIRE)--Lucasfilm Ltd., producer of the six films in the Star Wars saga, filed suit today in United States District Court against William Osburn and his Maryland-based company High-Tech Magic, calling for an immediate halt to the production and sale of infringing lightsaber™ laser sword replicas that violate Lucasfilm’s long-held Star Wars trademarks and purport to be authentic.

LucasfilmÂ’s lawsuit alleges that Osburn, High-Tech Magic and other defendants willfully infringed LucasfilmÂ’s trademarks to manufacture and sell lightsaber replicas. Lucasfilm is requesting that the Court require the destruction of all infringing merchandise and that the defendants in the suit be held liable for damages and restitution for the profits they have realized from their unauthorized business.

“When companies like the defendant in this case try to make a profit by confusing fans and flagrantly violating our trademark rights, we have to take action,” said Howard Roffman, President of Lucas Licensing, which oversees the global Star Wars merchandise business that was established after the success of Star Wars: Episode IV A New Hope in 1977.

“We owe it to our fans – as well as to companies like Hasbro and Master Replicas, which are producing excellent authorized toy and replica lightsabers – to stop this type of unlawful behavior,” Roffman said.

Lucasfilm’s complaint, filed in the U.S. District Court for the Northern District of California, notes that the High-Tech Magic website prominently proclaims, “We do Star Wars™ Light Sabres,” and declares that they can produce “a Star Wars™ Lightsaber that looks as good as those in the movies.” The site repeatedly uses Lucasfilm’s registered trademarks, including “Lightsaber,” “The Force,” “Jedi” and “Darth Maul,” in connection with Osburn’s unauthorized products.

In October, the U.S. District Court for the Central District of California awarded Lucasfilm $20 million in a copyright infringement case against U.K.-based Shepperton Design Studios, manufacturer and seller of pirated Stormtrooper and other Star Wars helmets. Lucasfilm is seeking to uphold the courtÂ’s verdict in England.

“As in the Shepperton case, we want to send a very clear message: We will do whatever it takes to shut down infringers trying to profit from the sale of knock-off Star Wars products.” Roffman said.

Roffman underscored the distinction between fans who create Star Wars costumes and props for their personal enjoyment and people who produce, market and profit from allegedly “authentic” merchandise that is not authorized by Lucasfilm. “Fans making Star Wars costumes for themselves is great,” he said. “Infringers making bootleg merchandise for profit will not be tolerated.”

you can still go to their website and see why they violate LFL rules

http://www.high-techmagic.com/

I think LFL is getting way too picky on who is violating copyright laws. Ever wonder how Jeff Parks gets away with it? he doesnt reference any trademarked names such as Star Wars, Darth Vader, Jedi, etc. and calls them "SABERS" and not lightsabers.

 

[blufive]

...maybe they shouldn't use the name "Star Wars".

:confused

 

[rocketeer25]

I guess the guy never heard of the word "discreet"? :rolleyes IMO, with the way he's marketed his stuff, he leaves LFL no other alternative.

 

[exoray]

<div class='quotetop'>QUOTE(Korbanth @ Nov 28 2006, 07:46 PM) [snapback]1367324[/snapback]</div>

I think LFL is getting way too picky on who is violating copyright laws. [/b]

Actually I believe they are simply drawing a line and telling the fan base to not cross it, or else... Simple as that and I don't object to them drawing a line that favors the fans and gives them a more clear black and white line to walk... They could be much worse if they wanted to...

Also note the most important issue here, UNLIKE Copyright, you must actively use the Trademark and take actions on infringement or you "can" lose the rights to it, aka abandon your rights...

Ever wonder how Jeff Parks gets away with it? he doesnt reference any trademarked names such as Star Wars, Darth Vader, Jedi, etc. and calls them "SABERS" and not lightsabers.
[/b]

He had his day in court with LFL, albeit it revolved around other issues...

 

[Sluis Van Shipyards]

I can see why LFL would go after this. What I can't see is why they are suing people for making PLAQUES. That makes no sense at all.

 

[Lynn TXP 0369]

<div class='quotetop'>QUOTE(Sluis Van Shipyards @ Nov 28 2006, 09:19 PM) [snapback]1367355[/snapback]</div>

I can see why LFL would go after this. What I can't see is why they are suing people for making PLAQUES. That makes no sense at all.
[/b]

Because the people making the plauqes are making a profit writing infringing names on plauqes for peoples purchased infringined items from sites like the one they just shut down.

Lynn

 

[tripoli]

The sad thing is he could sell the items as they are without adding the Star Wars name to the site. By doing so, he took advantage of the Lucas trademark to associate with his items. Its a bit different from others in this case as the items themselves do not directly infringe, its more his marketing of them. Still hate to be the guy in the cross hairs. I wish they would do the warning letters first and then go after them of they infringe. These prop guys helped build the base for the product that is marketed now, it seems a shame to nail someone for something like this.
Than again, if he got the warning and ignored it, I really feel sorry for the guy because then he asked for what may be coming.

 

[SurferGeek]

We do Star Wars™
LIGHT SABRES


^^^^^^^^^^
Lawyer Bait. :lol

 

[exoray]

<div class='quotetop'>QUOTE(tripoli @ Nov 28 2006, 09:02 PM) [snapback]1367384[/snapback]</div>

Than again, if he got the warning and ignored it, I really feel sorry for the guy because then he asked for what may be coming.
[/b]

I would say that is a given... It gains you lots of brownie points with the Judge when you try to resolve the problem without the courts help, and sending a C&D letter is standard practice in cases like this as many people on this forum and others can attest to...

 

[Red Five]

Hope the guys lawyer knows some really good Jedi Mind Tricks.

 

[dcc_clone]

ya know what i would like to know? how much money did this company make? lfl got $20 million from shepperton. although his helmets are expensive, er were, did he make that much money from the 2 helmets he offered or was that a warning to the individuals who have a web site or for lusas' emotional stress? so the report says"require the destruction of all infringing merchandise and that the defendants in the suit be held liable for damages and restitution for the profits they have realized from their unauthorized business." i wonder how much money he made on his laser swords. i know it is preliminary but it will be interesting to see how much he will have to pay. plus he has to destroy his ability to manufacture them.? hmmm.

the lesson here is if you have a website and it says "star wars" and you sell an infrigement item with a likeness to or an exact replica; you better change it? muhahahahahaha.

so who is next?????

 

[RedTwoX]

<div class='quotetop'>QUOTE(rocketeer25 @ Nov 28 2006, 07:59 PM) [snapback]1367337[/snapback]</div>

I guess the guy never heard of the word "discreet"? :rolleyes IMO, with the way he's marketed his stuff, he leaves LFL no other alternative.
[/b]

Indeed. You tip-toe around the 800 pound gorilla. You do not walk up and poke him with a short stick.

Most likely, little discretion would have avoided this situation all together.

 

[exoray]

<div class='quotetop'>QUOTE(dcc_clone @ Nov 28 2006, 10:16 PM) [snapback]1367458[/snapback]</div>

ya know what i would like to know? how much money did this company make? lfl got $20 million from shepperton. although his helmets are expensive, er were, did he make that much money from the 2 helmets he offered or was that a warning to the individuals who have a web site or for lusas' emotional stress? so the report says"require the destruction of all infringing merchandise and that the defendants in the suit be held liable for damages and restitution for the profits they have realized from their unauthorized business." then i guess he didnt make to much money on his laser swords. plus he has to destroy his ability to manufacture them.? hmmm.

the lesson here is if you have a website and it says "star wars" and you sell an infrigement item with a likeness to or an exact replica; you better change it? muhahahahahaha.

so who is next?????
[/b]

You pay for actual damages, misc damages (LFL reputation, unfair competition etc) and a penalty for each and every (regardless of price) infringing item sold the penalty for each item that infringes is $150,000

As for destroying the items and sorts that is standard proceedure as well...

The dollar value on cases like this is high, it's to send a clear message not to play with fire...

 

[nightrider]

I bet the entire official site doesn't say "Star Wars" on it half as many times as the one page I looked at. :lol I would say he took a base ball bat and hit the 800 pound gorilla in the head with it, he was begging for it. I fail to see how anyone could be that stupid, but I've been surprised before.

 

[mb1k]

“As in the Shepperton case, we want to send a very clear message: We will do whatever it takes to shut down infringers trying to profit from the sale of knock-off Star Wars products.” Roffman said.[/b]

That's my favorite part. All other snickers and SDS haters out there aside, I think the term "knock-off" is ironic since SDS has the closest thing to the original moulds outside the "casting of a film used helmet" population around. Please LFL Sharks, could you define "knock-off" if it's closer to the original moulds than the non-existent moulds you have in your archives?

Like the Don Post helmet wasn't a knock-off?

 

[Darth Kahnt]

Don Post helmets were licensed. Big difference.

 

[bigbaddaddyvader]

It's amazing to me that after all this time and case after case that some businesses,particularly SDS,really believe they are going to get away with this kind of thing.Hasn't it become abundantly clear by now that Lucasfilm will not permit any unlicensed trading?I have to say that some of these guys have it coming to them as they just seem to be begging to be prosecuted.Asides from all the ins and outs of the SDS sculpting and original mold debacle he was still using copyrighted items such as the imperial insignia and these people were using trademarked terms such as Star Wars and lightsaber.They must have rocks in their heads.As we all,as prop collectors,know you have to be VERY careful when dealing with a colossal entitty like Lucasfilm and their dogs-of-war approach to their legal affairs.They ought to know better.

 

[Gigatron]

<div class='quotetop'>QUOTE(MB1K @ Nov 29 2006, 08:09 AM) [snapback]1367576[/snapback]</div>

“As in the Shepperton case, we want to send a very clear message: We will do whatever it takes to shut down infringers trying to profit from the sale of knock-off Star Wars products.” Roffman said.[/b]

That's my favorite part. All other snickers and SDS haters out there aside, I think the term "knock-off" is ironic since SDS has the closest thing to the original moulds outside the "casting of a film used helmet" population around. Please LFL Sharks, could you define "knock-off" if it's closer to the original moulds than the non-existent moulds you have in your archives?

Like the Don Post helmet wasn't a knock-off?
[/b]

Easy. A knock-off is any unlicensed product, regardless of it's alleged lineage. Even if SDS had the original, unaltered mo(u)lds of the trooper helmets and all he did was make pulls from those, without a license from LFL, it's still a knock-off.

Even DP's most basic, craptacular helmets were licensed pieces and therefore, not knockoffs.

Now as for this other clown, he was just asking to be beaten down by LFL. Had he just advertised his electronics kit without throwing "Star Wars" in every sentence, nobody would have given a damn what he was doing. But not only was this idiot poking at the 800 lb guerilla, he broke out the love lube and was trying to bend him over.

-Fred

 

[mb1k]

<div class='quotetop'>QUOTE(Darth Kahnt @ Nov 29 2006, 07:53 AM) [snapback]1367660[/snapback]</div>

Don Post helmets were licensed. Big difference.
[/b]

Giga and Kant,

My basic and most innate definition of "knock-off" is A CHEAP AND CRAPPY COPY. Like recasts from Thailand, fake Rolex's, Guccie purses, far east, etc. Something cheaply made and of low quality and of no lineage to the original source material. This had been independent from whether something is licensed. Before joining this forum that's what a knock-off is/was to me.

An unlicensed or illegal copy, is an unlicensed and illegal copy.

I'll need to incorporate my definition of "knock-off" to be inclusive of unlicensed and illegal.

Like they say, "Small dog/puppy" we should be talking about the same thing. My ignorance of the lexicon aside I am shocked that the EL Saber guy was stupid enough to advertise in the way that he did. He must have gotten some bad information from a buddy "in the business" that if you put a TM symbol next to Star Wars that you're going to be OK. Additionally, he would have gotten warnings and obviously ignored them by not complying with any C&Ds LFL gave them.

About SDS, I seriously thought they were licensed and official from their flagrant advertising tact. That was a surprise to me. I didn't consider SDS (even after being enlightened) a knock-off per see since it has more DNA/lineage than anything licensed out there.

Inner semantics in my head. BTW, mold is something from the fungus family and moulds is what the Queen's English defines as something you cast with :lol Lived too much in England and still reading Tamiya Model Magazine.

 

[Gigatron]

<div class='quotetop'>QUOTE(MB1K @ Nov 29 2006, 03:04 PM) [snapback]1367700[/snapback]</div>

<div class='quotetop'>QUOTE(Darth Kahnt @ Nov 29 2006, 07:53 AM) [snapback]1367660[/snapback]

Don Post helmets were licensed. Big difference.
[/b]

Giga and Kant,

My basic and most innate definition of "knock-off" is A CHEAP AND CRAPPY COPY. Like recasts from Thailand, fake Rolex's, Guccie purses, far east, etc. Something cheaply made and of low quality and of no lineage to the original source material. This had been independent from whether something is licensed. Before joining this forum that's what a knock-off is/was to me.

An unlicensed or illegal copy, is an unlicensed and illegal copy.

I'll need to incorporate my definition of "knock-off" to be inclusive of unlicensed and illegal.

Like they say, "Small dog/puppy" we should be talking about the same thing. My ignorance of the lexicon aside I am shocked that the EL Saber guy was stupid enough to advertise in the way that he did. He must have gotten some bad information from a buddy "in the business" that if you put a TM symbol next to Star Wars that you're going to be OK. Additionally, he would have gotten warnings and obviously ignored them by not complying with any C&Ds LFL gave them.

About SDS, I seriously thought they were licensed and official from their flagrant advertising tact. That was a surprise to me. I didn't consider SDS (even after being enlightened) a knock-off per see since it has more DNA/lineage than anything licensed out there.

Inner semantics in my head. BTW, mold is something from the fungus family and moulds is what the Queen's English defines as something you cast with :lol Lived too much in England and still reading Tamiya Model Magazine.
[/b][/quote]

Build quality or lineage means nothing in the world of copywrites and trademarks. You could have Rolex's design and build team make a watch 100% exactly like a Rolex under their own name, but if it's not authorized by Rolex, it's still a knock-off. No different than a street vendor version Rollex or Rolexx.

As for mold/mould http://dictionary.reference.com/browse/mold. Just one of those cultural differences

-Fred