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Mason · 07-24-2003, 01:42 PM

Trademark status does offer protection for names such as Star Wars and Luke Skywalker. However, both names are also protected by copyright. The test isn't whether it is merely a name, but whether the name constitutes a character that "is delineated with enough specificity so as to garner copyright protection." Anderson v. Stallone 11 U.S.P.Q.2d 1161 ( C.D.Cal. 1989). See also, Warner Bros. Pictures v. Columbia Broadcasting system 216 F.2d 954 (9th Cir. 1954), cert denied, 348 U.S. 971 (1955).

07-24-2003, 01:42 PM	#28
Mason Member Join Date: Apr 2002 Posts: 158	Trademark status does offer protection for names such as Star Wars and Luke Skywalker. However, both names are also protected by copyright. The test isn't whether it is merely a name, but whether the name constitutes a character that "is delineated with enough specificity so as to garner copyright protection." Anderson v. Stallone 11 U.S.P.Q.2d 1161 ( C.D.Cal. 1989). See also, Warner Bros. Pictures v. Columbia Broadcasting system 216 F.2d 954 (9th Cir. 1954), cert denied, 348 U.S. 971 (1955).