Lucasfilm Ltd. Files Suit Against Maryland Company Over Counterfeit Lightsabers.
SAN FRANCISCO, November 28, 2006 -- Lucasfilm Ltd. filed a federal trademark infringment lawsuit against William Osburn and his Maryland-based company High-Tech Magic in connection with lightsaber replicas.
Lucasfilm's complaint called for an immediate halt to the production and sale of infringing lightsaber laser sword replicas that violate Lucasfilm's Star Wars trademarks. The complaint lawsuit alleges that Osburn, High-Tech Magic and other defendants willfully infringed Lucasfilm's trademarks and is requesting the destruction of all infringing merchandise with 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. "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."
Lucasfilm's complaint, filed in the U.S. District Court for the Northern District of California, states the High-Tech Magic website prominently proclaims, "We do Light Sabres," (sic) 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.
Earlier this year, 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 counterfeit Star Wars apparrel. The judgment has been appealled, and Lucasfilm hopes to uphold the court'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 emphasized the distinction between fans who create their own costumes and props for their personal enjoyment and enterprises selling 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."