Theoretically, yes - pragmatically, no...

Posted by Patterson from adsl-63-201-103-106.dsl.lsan03.pacbell.net on July 10, 2001 at 12:32:01:

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

My understanding of the Star Wars incident was that this was a guy who made no bones about the fact that he was making a buck off of somebody else’s IP. Accuracy was not apparently much of a concern, nor was favorably maintaining the IP.

The SW IP is unique in that it "is unique", as you allude to. Indy is in enough of a gray area based on the historical sources of many items, and the fact that these were items purchased in the real world of 1980, that Lucasfilms has a bit more difficulty laying absolute claim to them individually. The official Lucasfilms stance I've gotten has always been "If you're not out there trying to make a killing on our IP, and we feel you are supporting that IP in a favorable light, we will tend to leave you alone." Those who might approach "real money" in selling related items need take more care in describing their wares. Cases in point are US Wings and Flight Suits. They are general enough in their product descriptions where they need to, and specific enough where they need to, so that their bases are covered.

Claims of being "official" are the other killer in dealing with Lucasfilms - and rightfully so. But the hat is really just a hat that was commercially available during a given period. The whip is a commercially available Australian design, which David Morgan would have a stronger claim to than would Lucasfilms. The gun belts, holsters, bag straps, etc just don't sell enough to be a pimple on George Lucas' backside. The bag is WWII surplus. The jacket uses components of military jackets - the maker just needs to be careful in saying what they are doing.

I once had access to a matched set of Lucasfilms lawyers. We were discussing SW IP at the time, but I felt the need to ask about Indy IP as well. The above was pretty much what they spelled out for me - with quizzical looks. They asked if the company I worked for had plans of revising an Indy related item that was once offered to which I replied, "No, it's just a little hobby of mine."

Cheers!

Patterson

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Also, on the SW incident... Patterson 12:40:58 7/10/2001 (0)

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: My understanding of the Star Wars incident was that this was a guy who made no bones about the fact that he was making a buck off of somebody else’s IP.  Accuracy was not apparently much of a concern, nor was favorably maintaining the IP.

: The SW IP is unique in that it "is unique", as you allude to.  Indy is in enough of a gray area based on the historical sources of many items, and the fact that these were items purchased in the real world of 1980, that Lucasfilms has a bit more difficulty laying absolute claim to them individually.  The official Lucasfilms stance I've gotten has always been "If you're not out there trying to make a killing on our IP, and we feel you are supporting that IP in a favorable light, we will tend to leave you alone."  Those who might approach "real money" in selling related items need take more care in describing their wares.  Cases in point are US Wings and Flight Suits.  They are general enough in their product descriptions where they need to, and specific enough where they need to, so that their bases are covered.

: Claims of being "official" are the other killer in dealing with Lucasfilms - and rightfully so.  But the hat is really just a hat that was commercially available during a given period.  The whip is a commercially available Australian design, which David Morgan would have a stronger claim to than would Lucasfilms.  The gun belts, holsters, bag straps, etc just don't sell enough to be a pimple on George Lucas' backside.  The bag is WWII surplus.  The jacket uses components of military jackets - the maker just needs to be careful in saying what they are doing.

: I once had access to a matched set of Lucasfilms lawyers.  We were discussing SW IP at the time, but I felt the need to ask about Indy IP as well.  The above was pretty much what they spelled out for me - with quizzical looks.  They asked if the company I worked for had plans of revising an Indy related item that was once offered to which I replied, "No, it's just a little hobby of mine."

: Cheers!

: Patterson

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