Star Wars Creator Sues Beer Company Over Copyright

By Shawn Rice, Published October 26, 2014

In a galaxy far far away, a copyright infringement lawsuit is brewing.

Sometimes like Hans Solo, Lucasfilm shoots first. The company behind Star Wars has filed a trademark dispute with a small brewery in Syracuse, New, York. Empire Brewing Co., named after New York’s Empire State Building, recently applied for a trademark for its signature lager, Strikes Bock, according to Syracuse.com. George Lucas argues that Empire’s beer infringes on Lucasfilm trademarks and could be used to deceive consumers or cause brand confusion. “The thing is the beer is called ‘Strikes Bock,’ not ‘Empire Strikes Bock,’” Empire Brewing Co. owner David Katleski said. “It’s ‘Strikes Bock,’ by Empire.” Lucasfilm disagrees stating the following in its legal filing: “Applicant’s EMPIRE STRIKES BOCK mark is virtually identical in sound, appearance, and connotation to Lucasfilm’s THE EMPIRE STRIKES BACK mark, differing by only one letter in the respective last words “BOCK” and “BACK,” and the initial word “THE.”” After reviewing the application for trademark on Empire’s Strikes Bock beer, the US Patent and Trademark Office gave the name the green light on June 17, 2014 by registering and publishing the application for opposition purposes. According to Empire’s attorney, patent, trademark and copyrights lawyer Bernhard Molldrem, Lucasfilm waited until the last possible day of the one month objection period to file for an extension of time, according to CNYCentral. The brewery has been making the beer for about seven years. It never filed a trademark on the beer before because it was only served on tap. Katleski sought the trademark with the intention of bottling and selling the beer in stores, according to IGN. The complaint does specify, “Lucasfilm has a long history of using such marks for food and beverages, including wine. The fact that consumers have been exposed to and accustomed to seeing Lucasfilm’s STAR WARS Film Franchise marks in connection with food and beverages, including wine, increases the already existing likelihood of confusion.” Katleski acknowledges the brewery does not have the financial resources to battle Lucasfilm long-term. The force may be stronger with the Dark Side. It remains to be seen how long Empire Brewing will be allowed to call its lager Strikes Bock as Lucasfilm will likely push for a name change. The complaint says “For over twenty years, Lucasfilm and/or its licensees have used the SKYWALKER mark in connection with wines produced from SKYWALKER VINEYARDS. As early as 1991, Lucasfilm and/or its licensees first planted vines on SKYWALKER RANCH near the technical buildings that hold the post-production sound company known as SKYWALKER SOUND. SKYWALKER VINEYARDS has produced award-winning wines prominently bearing the SKYWALKER mark, as shown in the images below. Thus, for decades, consumers have been exposed to and understand that Lucasfilm’s STAR WARS Film Franchise marks are used in connection with such products.” Empire now has 33 days to respond. Representatives from the local Syracuse brew pub say they plan to fight back and take the case to an opposition proceeding, which could be a lengthy process. Molldrem expects it to take about a year-and-a-half for the National Trademark Trials and Appeals Board to review everything, though Disney could stretch it out, as it already has, according to CNYCentral. “I think they’re going to pursue this until the bitter end,” says Molldrem. “They could even appeal a decision and this could end up in civil litigation.” Clearly, this is not the beer you are looking for. [Photo Credit: Source & Source]

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