Visit BannerWitcoff.com
Lucasfilm Ltd (Lucasfilm) has sensed a disturbance. They filed suit last week against “Jedi Mind, Inc.” (Jedi Mind) accusing the Nevada company of infringing Lucasfilm’s rights in the “Jedi” trademark (among other things). According to the complaint, Jedi Mind markets and sells a line of games and software that are controlled by users’ thoughts. The named products are “Master Mind”, “Jedi Mouse” and “Think Tac Toe,” and Lucasfilm wants Jedi Mind’s use of the “Jedi” name to stop.

In addition to the trademark infringement claims, the complaint includes allegations of false designation of origin, trademark dilution by blurring, breach of contract and violation of California’s unfair competition law. Basically, Jedi Mind is going to have a headache.

Time will tell how this one turns out, and we’ll keep you posted. The case caption is Lucasfilm LTD et al. v. Jedi Mind, Inc. and Brent Fouch, No. 10-3632 (N.D.Cal, filed 8/17/2010).

Update: Just a few days after this original post, the court entered a stipulation, permanent injunction and judgment pursuant to a settlement reached by the parties. Looks like the product is now called "Mind Mouse."
I am not sure how this case missed our radar, but here goes...

As reported at Wired.com:

---
A federal judge is allowing a negligence lawsuit to proceed against the publisher of the online virtual-world game Lineage II, amid allegations that a Hawaii man became so addicted he is “unable to function independently in usual daily activities such as getting up, getting dressed, bathing or communicating with family and friends.”

Craig Smallwood, the plaintiff, claims NCsoft of South Korea should pay unspecified monetary damages because of the addictive nature of the game. Smallwood claims to have played Lineage II for 20,000 hours between 2004 and 2009. Among other things, he alleges he would not have begun playing if he was aware “that he would become addicted to the game.”

Smallwood, who did not immediately respond for comment, alleged that the company “acted negligently in failing to warn or instruct or adequately warn or instruct plaintiff and other players of Lineage II of its dangerous and defective characteristics, and of the safe and proper method of using the game.”

Released in 2003 as a sequel to the original Lineage game, which was a national phenomenon in South Korea, Lineage II is an immersion 3-D MMORPG that gained a reported 600,000 users within a few years, and is still being regularly expanded and updated six years later — all the better to turn more vulnerable Americans into bleary-eyed shut-ins.

U.S. District Judge Alan Kay refused to dismiss parts of Smallwood’s complaint this month, possibly clearing the way for a trial. ”In light of plaintiff’s allegations, the court finds that plaintiff has stated a claim for both negligence and gross negligence,” Kay ruled (.pdf).

An attorney for the company was not immediately prepared to comment on Kay’s August 4 decision. But in a Tuesday court filing, NCsoft again urged the judge to dismiss the case.

---

We'll continue to monitor the case and keep you posted.

Banner & Witcoff’s IP LawyerTM is an iPhone application providing iPhone-customized full search access to patents* and trademarks issued by the United States Patent and Trademark Office as well as corresponding assignments. Banner & Witcoff’s IP LawyerTM also provides a comprehensive library with up-to-date Patent Local Rules for district courts throughout the country, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, the Manual Patent Examination and Procedure, the U.S. Constitution, 37 C.F.R., links to international patent offices, and additional tools and resources.

More info here.

Download iPhone app here.

*Patent search limited to accuracy of Google Patents' data.
< Previous     Home     Next >

Search This Blog

Loading...

Recognition

Buy your copy today!

Buy your copy today!
ABA Legal Guide

Buy yours today!

Buy yours today!
Video Game IP

Labels

Archives

Ross Dannenberg

Steve Chang

Shawn Gorman

Blogroll

Copyright ©2005–present Ross Dannenberg. All rights reserved.
Visit BannerWitcoff.com