Legal Question in Intellectual Property in Texas

My question actually has to do with trademark law.

There is a philosophical/religious group which stylizes itself after the fictional Jedi from the Star Wars books and movies, which are owned by LucasArts. The group is a not-for-profit, non-commercial, which is not 501 (c) tax exempt. They're working on designing a logo to represent themselves, which could be used on things like signs to inform people of a meeting, t-shirts, jewelry, etc. that would be used by the group and its members, without making a profit on anything. Whatever it costs to have the items made is what they'd charge members to get it. However, the logo they're currently considering has the word "JEDI" done in a stylized font in the center of it, but the rest of the symbol is something new and unique, which hasn't been used by LucasArts before.

If the name of the group is "Journeys through Ethics, Dreaming and Intentions" and that's the meaning behind the "JEDI" on the logo, would this be a violation of trademark law, especially if the original inspiration for the group were the fictional characters in Star Wars? And, would the group be able to legally use the logo on physical objects, which are sold at cost to members?


Asked on 1/31/10, 12:13 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

I think you must know this is trademark infringement, but it is more. It is willful trademark infringement for which punitive damages would likely prevail. Obi-Wan says the philosophical group will be forced to stop because the Force is not with them and they do not have enough money to fight Lucasfilm Entertainment Company, Ltd (which you erroneously call LucasArts) of San Francisco, CA and would lose, and lose badly, if they tried. Currently there appear to be 9 US trademark or service mark applications or registrations which include the term JEDI, the original one being JEDI KNIGHT Reg. No. 1134730 which claims use since 1977-07-18. Eight are owned by Lucasfilm. The ninth is an application for JEDI NEMESIS as a band's name, and it is under rejection for being too similar to one of the 8 JEDI marks of Lucasfilm. So, there is no registered trademark including the term JEDI owned by anyone other than Lucasfilm for any product or service whatsoever. Many have tried to overcome the JEDI Force of Lucasfilm, all have failed because the JEDI Force is with Yoda, Luke and Lucasfilm. Your group is a Death Star on this, doomed to explode. Even Darth Vader wouldn't try what your group tried, and Darth was a Jedi Knight. Change or prepare to meet the full fury of the Force for this transgression upon one of the most famous terms in all history. Hell hath no fury like a JEDI scorned.

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Answered on 2/05/10, 1:25 pm


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