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CBS/Paramount sues to stop Axanar

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I just look forward to him having his morning coffee and going apeshit on social media, blaming everyone else for this. It's 0730 in LA........anytime now...........
 
Well, he's not said anything so far on the Axanar fan page, but he is taking suggestions on where to take the Axanar world tour.
OK Gang, where should the next Axanar World Tour stop be? I can say that we will be in:
San Jose at Silicon Valley Comic Con March 18-20
Atlanta in April for Treklanta
Seattle in May for the opening of the Sci Fi Museum Star Trek exhibit.
What other cities are you interested in?
London: Desination Star Trek is in October!! wink emoticon
 
MikeH92467 said:
Makes sense. As far as CBS being afraid of looking like a bully, I would say that's going to happen in some people's minds, regardless. However, it does look like CBS will be able to say to more reasonable people that they still pulled their punch a bit by not going after the Trademark violations. Never mind that they might have decided that it was just going into (expensive) overkill to pursue that issue.
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Yeah. And in a way, CBS/P has already won. I'd be surprised if anyone associated with the other major Trek fan film groups would want anything to do with Peters in the future. Even if he were able to make "Axanar", it would likely be a pyrrhic victory. It certainly wouldn't be the "here we are" calling card he wanted it to be. He's done in the Trek world. Win or lose. What success he has in other areas won't have to do with any legal issues as much as who with any good reputation to want to uphold in the business will want to work with him on any movie project after the "Axanar" debacle? What's come out of this that is hard to refute is that he's not a very good businessman. Reckless at best (testing CBS/P and the boundaries of crowdsourcing to make essentially a vanity project). Unreliable at worst (after all, where's the movie?).
 
MikeH92467 said:
Well, he's not said anything so far on the Axanar fan page, but he is taking suggestions on where to take the Axanar world tour.
OK Gang, where should the next Axanar World Tour stop be? I can say that we will be in:
San Jose at Silicon Valley Comic Con March 18-20
Atlanta in April for Treklanta
Seattle in May for the opening of the Sci Fi Museum Star Trek exhibit.
What other cities are you interested in?
London: Desination Star Trek is in October!! wink emoticon
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They're really trying to taint everything Trek-related with their presence, don't they? To me, that would be reason enough to nuke them from orbit (in a legal sense). Maybe CBS/Paramount can get an injunction that Peters has to stay at least 500 metres away from the franchise at all times?
 
From Loeb & Loeb
To: New Diana
Subject: CBS/Paramount v. Axanar Lawsuit
Sorry for ruining your weekend, lol

10492032_10102681577499147_8910693168317154380_n.jpg
 
Count Zero said:
They're really trying to taint everything Trek-related with their presence, don't they? To me, that would be reason enough to nuke them from orbit (in a legal sense). Maybe CBS/Paramount can get an injunction that Peters has to stay at least 500 metres away from the franchise at all times?
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Let's start a list of hydrants Alec & Co. have pissed on:

Facebook pages:
Star Trek
Axanar Fan Group (shouldn't that be run by fans, not AP?)
Star Trek Props, Costume, & Auctions
Star Trek Film Makers Association

Anyone else?

Loeb & Loeb should really make them take down that Star Trek page. Talk about brand confusion.
 
Did I miss a link to the updated Pacer listing? Has anybody posted the amended complaint? If not, does someone have the pdf to look at?
:drool:
Has Gary Graham really been named, or is his image just referenced in the complaint?
 
mkstewartesq said:
I haven't had a chance to review the complaint. But based on some spoilers @jespah shared with me, I'd say "the gloves are only half off" - C/P for some unknown reason apparently isn't yet going after all of the really obvious egregious stuff we have been discussing, such as merchandising and so forth (unless they touch on ship models- as I said, I haven't reviewed it yet.) No trademark claims, etc. So, yes on "gloves coming off" but not the "wrath of God"/"let's end this right now" deluge that was readily at their fingertips and could have brought Axanar to a dead stop. This makes me doubt the depth of C/P's anger or resolve to shut down Axanar beyond just impeding the actual filming.

Looking forward to @jespah's blog post. I will look at the complaint a bit later, but doubt I will have much to add to her analysis.

M
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I believe the issue for CBS (more than Paramount) is: IF C/P did begin to include Star Trek Trademarks; Axanar WOULD have a claim in that for over a decade CBS chose not to enforce the Star Trek TM even when it had clear evidence MANY fans (IE all the fan film groups from Hidden Frontier, Phase II/NV, STC, etc.) were using Star Trek TMs and CBS did nothing about it in all that time.

I'm sure W&S would LOVE to see C/P include TM infringement; but no C/P do not have to in this case. Axanar would have to file their own countersuit alleging TM abandonment; but it's something they can't afford, or are afraid to do for whatever reason. C/P ONLY bringing a copyright suit was a calculated move as I'm certain C/P don't want to explain in court why they've done nothing on the Trademark Infringement front against any of the Star Trek fan film groups for over a decade.

GSchnitzer said:
Can you elucidate on this New Voyages implication a bit?
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See Page 35 of the amended complaint PDF that Squiggy linked (the photo appears to include NV cast members.)

Squiggy said:
Amended complaint
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Thanks for the links, folks.

I had to smile at some of this because it looks as if some poor guy at Loeb & Loeb has read this thread.

This must sting. I bet he now regrets that interview even more:
Defendant Peters has admitted that the Axanar Works violate Plaintiffs’ copyrights. In an interview published on February 1, 2016, Mr. Peters stated “We violate CBS copyright less than any other fan film.” See http://1701news.com/node/1001/peters-axanar-quality-spurred-lawsuit.html.
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I think we had this question a while back but I can't remember the conclusion. If the following two demands by CBS/Paramount are granted by the court would this mean that the Defendant(s) aren't allowed to do any Trek-related fan production anymore?

That the Court find that the threat of irreparable harm to Plaintiffs as a result of Defendants’ conduct leaves Plaintiffs without adequate remedy at law, and therefore that Plaintiffs are entitled to an injunction restraining Defendants, their agents, servants, employees, attorneys, successors, assigns, subsidiaries, and all persons, firms, and corporations acting in concert with them, from directly or indirectly infringing the copyrights in the Star Trek Copyrighted Works, including but not limited to continuing to distribute, market, advertise, promote, produce, sell, or offer for sale the Axanar Works or any works derived or copied from the Star Trek Copyrighted Works, and from participating or assisting in any such activity whether or not it occurs in the United States.
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That the Court enjoin Defendants, their agents, servants, employees, attorneys, successors, assigns, subsidiaries, and all persons, firms, and corporations acting in concert with them, from directly or indirectly infringing the copyrights in the Star Trek Copyrighted Works, including but not limited to continuing to distribute, copy, publicly perform, market, advertise, promote, produce, sell, or offer for sale the Axanar Works or any works derived or copied from the Star Trek Copyrighted Works, and from participating or assisting in any such activity whether or not it occurs in the United States.
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