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Lucasfilm Sued in Trademark Dispute Over Backpack in ‘Indiana Jones and the Dial of Destiny’
(www.hollywoodreporter.com)
this post was submitted on 20 Jul 2023
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Doomed to fail.
‘The lead wore our shoes!’ ‘Tom Cruise wore our underpants!’
No way this is actionable. It’s one thing if you have obviously recognisable products prominently onscreen, like a Pepsi can, but nobody’s going to spot your backpack, and not spotting it won’t cost you sales.
Until this article, I didn’t even realise he had a backpack at all (ooh, that’s probably the point).
Oh, it sounds like that's not the issue. It's that they're using clips from the movie featuring the backpack in anoyher backpack company's commercials.
This isn't "you used our product without permission", but "you're using our product to directly market a competing product".
Did you only read the headline? That may be surface take.....however the movie filmed with one backpack....then in the marketing guff made deal with another backpack maker to be "Indiana Jones official backpack" with a knock-off. I can sort of see how that is infringing on the original brand a little.
Yeah, they're going to get more press from the lawsuit than the movie.
I notice too, the pack in question is badged with a certain hat on their website as an "artifact edition":
https://frostriver.com/products/geologist-pack