The help of Obi-Wan Kenobi may not be enough to get business owner Michael Brown out of a trademark lawsuit that Lucasfilm filed on October 14th.
Brown, who adopted the name Flynn Michael, is a resident of San Francisco, California, and operates multiple businesses under many names such as New York Jedi, Lightsaber Academy, and Thrills and Skills. The businesses proclaim to teach and certify Star Wars fans in the ways of a Jedi. According to the website (lightsaberacademy.com), participants will learn “The 8 core principles” of a Jedi, “Academic Study, Stage Combat, or Sport Dueling.” The classes are taught by martial arts experts, stage and fight choreographers, and professional dancers. The website states classes can be purchased for about $10 with most of the profits going towards the cost of the studio space.
Disney’s Lucasfilm discovered these businesses and filed suit with the District Court of the Northern District of California, San Diego Division for trademark infringement. Disney, known for their emphatic protection of their intellectual property, did not comment specifically on this matter but stated “We protect our intellectual property rights vigorously and we take reports of suspected infringement seriously.”
In the court document Lucasfilm states “Defendants regularly use the Lucasfilm Trademarks without authorization in connection with their businesses. Among other infringing activities, Defendants use a logo that is nearly identical, and confusingly similar, to Lucasfilm’s trademark Jedi Order logo.”
On the website lightsaberacademy.com, there is a disclaimer at the bottom of the page stating “[w]hile this website and content references materials and subjects found in their franchises, we have no affiliation with Star Wars, Lucasfilm, or Disney. All content [is] property of Lightsaber Academy, Inc., except where noted.” Although Light Saber Academy thought it would avoid any issues by posting this disclaimer, unfortunately, a simple disclaimer does not protect the company from trademark infringement.
Lucasfilm also accused Brown’s companies of cybersquatting — registering names, especially well-known company or brand names, as internet domains, in hopes of reselling them for a profit — and unfair competition. Brown “repeatedly sought license or authority from Lucasfilm to engage in the infringing activities” but was denied. Despite being sent multiple cease and desist letters from Lucasfilm, Brown continued to operate his businesses. After Brown received the letters he attempted to file a trademark for “Lightsaber Academy, Inc.”
Compounding the matter, Walt Disney World’s Hollywood Studios offers a Jedi Training Academy itself. The Jedi Training Academy allows children ages 4-12 to dawn brown robes and pledge to uphold the Jedi Oath. Guided by a “Jedi Master,” the children are instructed on how to use the lightsaber and how to use the force to beat the Dark Side. At the end of the training, each child is given a short amount of time to duel Darth Vader and use the force to defeat him, the Sith and the Stormtroopers. When the battle is over, the children are awarded a certificate that proclaims them to be Padawans, which are students devoted to Jedi Knight training.
Lucasfilm is demanding a permanent injunction, actual damages and profits, or alternatively, $2 million in statutory damages for each infringement.
Unfortunately, for Brown, the force may not be strong with his defense.