@Tom - thanks for posting this. I had been considering posting something similar for a while now, but refrained (mainly because I was afraid I, as a newbie (says so right there to the left) was getting a little annoying posting clarifications and “don’t get your hopes up too much” messages.
But I don’t think this point can be overstated. As the case goes forward, C/P is only going to delve into those things that directly pertain to
their case and benefit
C/P. So, yes, they will look into everything that demonstrates copyright infringement - either evidence of elements copies from Star Trek to evidence that supports their contention that Axanar was profiting from C/P IP - such as evidence that Axanar was using the film as the springboard for other efforts, offering infringing models in exchange for donations, and so on. The same for a trademark infringement claim (
if they even bring such a claim) - evidence such as the use of Star Trek’s “look and feel” on coffee products. Same for an unfair competition claim (
if they even bring such a claim) - evidence that Axanar was marketing this as professional and competitive with (or better than) Star Trek produced by C/P.
But that’s it. No matter how riled up everyone is about how Axanar may or may not have run their business vis a vis funds management or liability to donors or running Propworx out of the facility or anything else - C/P is
not going to care about that and isn’t going to devote much time to it. They are certainly not going to use it as a hammer to bring down on Axanar, as it doesn’t have anything to do with their claims (and, in fact, C/P has
no legal standing to complain about those things because they are not donors and don’t have any other protectible interest in how the business is run.) Indeed, a lot of the information relating to alleged mismanagement/self-interest would almost certainly be ruled by Judge Klausner as “
irrelevant” to C/P’s claims , meaning Axanar does not even have to respond to questions about them or produce any information about them.
So, while certain additional information may come out in the course of this case, anyone expecting any “comeuppance” of Axanar for their business practices is likely to be very disappointed if they think the C/P case will be the vehicle for it.
Mike
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