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10-21-16 Weekly Round-Up of Trademark News

Daniel Mills, Trademark Attorney

Posted Friday, October 21, 2016 by Daniel Mills

Zombies and Jedi in trademark news this week. I expect to see a lot of zombies and Star Wars clad youngsters at my door this Halloween, so here are a couple of items in trademark news related to each.

First up, Valhalla Entertainment, the production company responsible for cable TV’s most popular show, The Walking Dead, is suing a company calling itself Valhalla Studios, for infringement. Valhalla Studios is building production facilities in Atlanta, Georgia where The Walking Dead is filmed and where the story takes place. With such a similar name and it’s location in Atlanta, Valhalla Entertainment believes that a confusingly similar name is not only infringement, but also, unfair competition, and deceptive trade practice according to the Hollywood Reporter. Valhalla Entertainment recently settled a trademark opposition proceeding with Valhalla Game Studios over a trademark dispute that started in 2012. With the success of The Walking Dead, anyone looking to trade off its success without permission, should expect to meet the legal equivalent of “Lucile” in short order.

Also from the Hollywood Reporter is this story about Disney subsidiary, Lucasfilm, that has just filed a lawsuit against Michael Brown for operating a business called New York Jedi and the Lightsaber Academy. Among the complaints is that Brown’s company has also developed a logo that is confusingly similar to the Jedi symbol. You can see a side-by-side comparison here. I’m not going to choose who is the Dark Side in this fight, but when I look at the use and the logos in questions, I can see why Lucasfilm would be concerned. Find out soon, we will.

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