Axanar meets legal resistence from CBS

Umbran

Mod Squad
Staff member
Supporter
That said, trademark is more likely to apply to concepts like Romulan, Star Trek, and Klingon

IANAL, but I don't think so. Trademark is applicable to *specific* images, and phrases, not to concepts. They may Trademark the *word* "Romulan", but you can't trademark general concepts of something generally like "Space Soviets". And, since you have to defend them or they might be lost, the number of terms they've trademarked is probably small. Moreover, I think trademarks have to be registered *for* something. The point of trademark is to have a mark that folks cannot confuse, and if used on an entirely different product, then arguing that folks will get confused is difficult. See the old argument between Apple Corps (the Beatles' record company) and Apple Computers - it isn't like anyone confused the two, so Apple ultimately won the conflict.

Enforcing copyright on general concepts is hard, too - "look and feel" suits are difficult to make stick. My understanding is that CBS isn't pushing that, and is instead going after the more clear specific times their particular artistic expressions are used.

Unless Axanar steals footage or a script from Paramount, it's not a straight up copyright case (as in plagiarism kind of copyright violation).

No, they don't need to steal footage or script. It is enough to copy designs of costumes and ships too closely. Take a look, for example, at the costume design comparisons that are floating around. And take a look at the Klingon language (which is covered by copyright), which is pretty darned specific.

I suspect copyright has similar clauses. We'd need Danny to confirm or refute that hunch.

Nope - as Danny has already noted above your post.
 

log in or register to remove this ad




Dannyalcatraz

Schmoderator
Staff member
Supporter
Yep. I'm pretty sure Ford would be fairly unswayed by "free publicity" generated by kit-car "Ferd Mustangs" being produced in largish numbers "for the fans".
 

Ryujin

Legend
Well this is interesting; the response to the response. The CBS/Paramount lawyers are arguing the exact opposite of what they did, in a previous similar case, in order to have that case dismissed. Common practice, no doubt, as you make the argument that suits the case, but it must suck to get called out for it. Especially so when the original action follows applicable case law.

PDF Document
 





Remove ads

Top