Lucasfilm v Empire Brewing Company
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Lucasfilm v. Empire Brewing Company
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Lucasfilm v. Empire Brewing Company
If Empire Brewing Company was granted the trademark for "Strikes Bock," it would be a
violation of the Star Wars franchise's secondary purpose. The term "Strikes Bock" is
oversaturated in the beer industry. (Lucasfilm v. Empire Brewing Company, 2014) This beer's
name sounds a lot like a trademarked phrase from the Star Wars franchise. The Empire
Brewing Company may owe Lucasfilm royalties and lost profits if it is ordered to stop using
the moniker "Strikes Bock," which was allegedly inspired by the film. The Empire Brewing
Company should rebrand under a different name if it wants to have any hope of registering
that name as a trademark.
In a trademark infringement dispute, Lucasfilm would unquestionably come out on top.
Infringement of a trademark might lead to consumer confusion. Customers of the beer
company can get the two brands mixed up because of Lucasfilm's Skywalker wine. It's
natural for buyers to question exactly where their products are being manufactured (Twomey
et al., 2016). Lucasfilm will likely push for a name change for the beer company due to a lack
of cash. The likelihood of a dilution claim exists despite Lucasfilm's lack of beer-related
trademarks at now. If a corporation uses another's trademark on non-competing items, it is
said to be dilution of the original trademark.
The validity of the trademarks in dispute, the potential for consumer confusion, and the
degree of visual similarity between the two marks are all taken into account when making a
final determination in this instance. With the commercial and critical triumph of "The Empire
Strikes Back," Lucasfilm has emerged victorious. The two logos have a striking resemblance.
It's "The" instead of "Back" that separates "Back" and "Bock" (Lucasfilm v. Empire Brewing
Company, 2014). For some time now, Lucasfilm's Star Wars trademarks have been widely
used on food and drink products, which could confuse buyers.
References
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Natalie O’Neill, Lucasfilm Sues Brewery over Star Wars-inspired Beer, N.Y. POST, (Oct. 24,
2014) Available at:
http://nypost.com/2014/10/24/lucasfilm-sues-over-
brewerysempirestrikes- bock-beer
/ Accessed March 6, 2021.
Twomey, D. P., Jennings, M., & Greene, S. M. (2016).
Anderson's Business Law and the
Legal Environment, Comprehensive Volume
. Nelson Education.
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