Again, I pledged for Axanar, and I would have liked to see the final film they were going to make; but given the group's current attitude and response, if I thought I could get my pledge back I would - BUT, I did know what I was pledging for, and the pitfalls as they ARE using Star Trek trademarks, and IP without permission - and honestly have been doing nothing but attempting to draw attention to their project and at the same time effectively putting their own negative spin on the legitimate CBS and Paramount Star Trek projects for quite a while. Given that AND the fact they basically said they were planning on leasing out their studio space for other legitimate productions <--- There's no way you cannot infer they were/are using KS and other crowdsourced funds gained by using 'Star Trek' as a means to get those funds to create a 'for profit' business - and that's yet ANOTHER thing I'm sure CBS had an issue with - so IMO CBS is in the right morally and legally.
Mr. Peters' comment effectively saying he has some legal standing can only mean (IMO - and I'm not a lawyer but have worked for/in a court for many years and seen a lot of cases and know a number of Judges) he thinks he will defend on a basis that Paramount/CBS have LOST the ability to enforce their Star Trek trademarks based on:
Failure to Police
Trademark rights may also be lost when a trademark owner fails effectively to police its mark against eroded distinctiveness, which may occur as a result of the presence of confusingly similar third-party marks in the market. For example, if many third parties subsequently begin using the same or a similar mark in commerce in connection with goods and/or services similar to the trademark owner’s after the owner has already begun to use its trademark, and the owner does little or nothing to police its mark, the mark is likely to lose some or all of its value as a source identifier in the marketplace. As a result, the trademark will become weaker, and in some cases it may lose its distinctiveness entirely.
To help avoid such adverse consequences, the trademark owner should police its mark by enforcing its trademark rights through various legal means, such as (a) sending demand letters, (b) initiating opposition or cancellation proceedings with administrative entities, (c) proceeding with litigation in the courts and/or (d) entering into licensing and/or other agreements with third parties, as may be appropriate under the circumstances. While some courts have determined that a trademark owner need not necessarily prosecute every infringing third-party use of its mark, such third-party uses can still affect the distinctiveness of the mark in the mind of the public. The optimal policing and enforcement efforts for particular marks may vary with the particular circumstances involved, such as the nature and importance of the mark, the nature of the trademark owner and the size of its legal budget, and the number and nature of the potential third-party trademark infringements.
And the evidence his team will present are all the various fan productions that CBS has allowed to operate since the time TNG went off the air.
If they go all the way back to the
'Hidden Frontier' group, and then
'Starship Exeter',
'Star Trek: NV/Phase II',
'Star Trek Continues'; and a few more - not to mention
'Renegades' which was helmed by former ST:VOY cast member Tim Russ, they have a period of over a decade where they can claim CBS/Paramount failed to police their Star Trek trademarks/IP; and you never know how a Judge or Jury might see that. (And a case could be made that CNN using the
Renegades footage when referencing the new CBS produced Star Trek series to premiere in 2017 shows that Star Trek trademark identity has blurred/eroded.)
So Mr. Peters might think he has leverage to make them want to avoid actually going before a Judge; and thus will somehow get CBS/Paramount to settle out of court (which is what happens in 90%+ of civil cases); and get a settlement that allows his group to complete Axanar in some fashion.
Personally, I think Mr. Peters is delusional and the Axanar group is grasping at straws. If Axanar go to court and lose; anyone involved will have their finances ruined as I'm certain Paramount will ask for court costs and attorney fees in addition to any damages awarded (Mr. Peters may be getting his services pro bono but I'm sure Paramount will list every billable hour and other costs); so we'll have Axanar members having to declare bankruptcy, etc. Hollywood is also an unforgiving town when it comes to unlicensed productions; in that any industry professional identified as a part of Axanar will get blacklisted by studios (the only exception would be a truly A-List bankable personality that will get butts in seats for a film in a major way, and honestly, it's all B,C, and D list personnel); so they should all be scrambling to distance themselves from Axanar if they still want to be able to find union work in the future in Hollywood.
Also, if this does get to court and that is the defense argument used and CBS/Paramount prevails; I'm pretty sure you will see blanket C&Ds issued across the board to every existing fan film group as CBS/Paramount won't want to deal with this situation again.
(In the event CBS/Paramount somehow fails to prevail; and loses the ability to enforce/license a portion or all of the Star Trek trademarks, etc. - Fan Film groups will be able to do pretty much as they like going forward.)
