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Q: Jedi Trademark? ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Jedi Trademark?
Category: Business and Money > Advertising and Marketing
Asked by: perelin-ga
List Price: $10.00
Posted: 22 Oct 2005 11:10 PDT
Expires: 21 Nov 2005 10:10 PST
Question ID: 583513
Is the word "Jedi" from the Star Wars movies by George Lucas a
registered trademark. And if so how is the "Jedi religion" in
Australia (http://news.bbc.co.uk/2/hi/entertainment/2218456.stm)
possible? Is it possible to sell products that have the word "jedi"
but no other Star Wars reference on them? Outside USA?
Answer  
Subject: Re: Jedi Trademark?
Answered By: denco-ga on 22 Oct 2005 12:38 PDT
Rated:5 out of 5 stars
 
Howdy perelin-ga,

A reminder of the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."

The word "Jedi" is a registered trademark, depending on the goods and/or
services, of Lucasfilm Entertainment Company LTD, Lucasfilm Ltd. as well
as Lucas Licensing Ltd.

You can go to the United States Patent and Trademark Office (USPTO)
Trademark Applications and Registrations Retrieval (TARR) facility and
look at some of the trademarks that the Lucas companies have for the
word "Jedi."
http://tarr.uspto.gov/

Put in one of the following U.S. serial numbers for some of the "Jedi"
trademarks.

- 78488803
- 76010999
- 76010998
- 76030972

As to your reference to the "Jedi religion," even if one were to consider
this as a genuine movement or established religion, this might be allowed
under the Federal Trademark Dilution Act of 1995.  The Ladas & Parry web
site has more on this.
http://www.ladas.com/BULLETINS/1996/FederalDilution.html

"In response to legitimate First Amendment concerns, the new law expressly
exempts certain uses of a famous mark, in particular:
...
non-commercial uses, such as parody, satire and editorial commentary ..."

One would think that a religion would be considered a noncommerical use
as well as being protected under the First Amendment.

As for using the word "Jedi" for products, that might be a tough one to
do, unless you could find a good or service wherein there would be no
potential confusion, dilution, etc. of the trademark.  There already
exists at least one product that has the "Jedi" name, and is not
trademarked by any of the Lucas companies.

You can view it by going to the USPTO TARR facility and use this serial
number.

- 74489116

"Word Mark JEDI

Goods and Services IC 009. US 038. G & S: computer software for processing
of purchase orders, invoices, shipment data, and generation of product
financial analyses and reports."

One might be able to sell "Jedi" brand boat anchors, but even that will
probably get you a letter from the Lucas attorneys.

If Lucas has availed himself, which he no doubt has, then the "Jedi"
trademark has also been filed under the "Madrid Protocol," so as to be
within an international registration.  More on this can be found on
the Palmer & Dodge web site.
http://www.palmerdodge.com/dspSingleArticle.cfm?ArticleID=518

"The Madrid Protocol's efficient foreign trademark protection scheme has
been available to U.S.-based trademark owners as of November 2, 2003."

As well, no doubt Lucas has also trademarked the "Jedi" name in various
other countries so as to be protected.

If you need any clarification, please feel free to ask.


Search strategy:

Used the USPTO web site at: http://www.uspto.gov/

Google search on: "Federal Trademark Dilution Act"
://www.google.com/search?q=%22Federal+Trademark+Dilution+Act%22

Google search on: "Madrid Protocol"
://www.google.com/search?q=%22Madrid+Protocol%22

Looking Forward, denco-ga - Google Answers Researcher
perelin-ga rated this answer:5 out of 5 stars
thx very much!

Comments  
Subject: Re: Jedi Trademark?
From: denco-ga on 23 Oct 2005 13:48 PDT
 
My pleasure, perelin-ga, and thanks for the 5 star rating!

Looking Forward, denco-ga - Google Answers Researcher

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