Re: Indygear & Lucasfilm's lawyers...

Posted by Greg from 4502-1a-193-16.me.loa.com on July 08, 2001 at 22:52:03:

In Reply to: Indygear & Lucasfilm's lawyers... posted by Sean on July 08, 2001 at 22:10:54:

: Hey gang:

: Recently Lucasfilm's lawyers brought suit against a Canadian fella who makes replica Star Wars costumes...I guess they felt his work was an infringement on their intellectual property.

: Now, could the same happen with Indygear? I mean, I suppose since Indy's outfit is based on "real world" items, they'd be hard pressed to prove that they own the intellectual copyright to those items...

: BUT - they do own the overall appearance of an iconic figure, that a lot of us emulate around here. So, theoretically, could they not ask Wested, MBA or even Lee to cease production? I, for one, hope not.

: Let me put this hypothetical scenario forward...say Indy IV is made and someone, without Lucasfilm's permission, appears in Indygear as a promotional thing, could they not be sued?

: What do you guys think?
: Sean

Not likely, since as far back as 1977, fans were showing up to Star Wars showings dressed as wookiees, Luke, Han, Leia, Darth Vader, C-3P0 and even R2. As far as Lucasfilm cracking down on people hawking Indywear, it's possible, I suppose, but more likely in the case of folks like Lee, and perhaps people making the diaries to sell and the other props like the idols, medallions, etc., since they didn't make any of the original costumes or props. I am sure that Peter checked out all angles of selling the jackets before jeopardizing his business to sell them to fans. He does extensive work for the film industry so he has to know a bit about copyright, etc. The same I am sure must be true for Noel Howard. The man wouldn't risk MBA just to sell these items to folks like us. The case to which you refer is a lawsuit that follows almost three years of that person selling after being issued a cease and decist order by LFL's lawyers. So if no one selling Indygear's been issued a cease and decist yet, I don't think they have anything to worry about. Good thought, though, and it was the first that came to my mind when I heard about it a few days ago.

Greg

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: : Hey gang:

: : Recently Lucasfilm's lawyers brought suit against a Canadian fella who makes replica Star Wars costumes...I guess they felt his work was an infringement on their intellectual property.

: : Now, could the same happen with Indygear?  I mean, I suppose since Indy's outfit is based on "real world" items, they'd be hard pressed to prove that they own the intellectual copyright to those items...

: : BUT - they do own the overall appearance of an iconic figure, that a lot of us emulate around here.  So, theoretically, could they not ask Wested, MBA or even Lee to cease production?  I, for one, hope not.

: : Let me put this hypothetical scenario forward...say Indy IV is made and someone, without Lucasfilm's permission, appears in Indygear as a promotional thing, could they not be sued?

: : What do you guys think?
: : Sean

: Not likely, since as far back as 1977, fans were showing up to Star Wars showings dressed as wookiees, Luke, Han, Leia, Darth Vader, C-3P0 and even R2.  As far as Lucasfilm cracking down on people hawking Indywear, it's possible, I suppose, but more likely in the case of folks like Lee, and perhaps people making the diaries to sell and the other props like the idols, medallions, etc., since they didn't make any of the original costumes or props.  I am sure that Peter checked out all angles of selling the jackets before jeopardizing his business to sell them to fans.  He does extensive work for the film industry so he has to know a bit about copyright, etc.  The same I am sure must be true for Noel Howard.  The man wouldn't risk MBA just to sell these items to folks like us.  The case to which you refer is a lawsuit that follows almost three years of that person selling after being issued a cease and decist order by LFL's lawyers.  So if no one selling Indygear's been issued a cease and decist yet, I don't think they have anything to worry about.  Good thought, though, and it was the first that came to my mind when I heard about it a few days ago.

: Greg

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