I don't believe 'Axanar' itself is trademarked, I would have to check though. So no legal hurtles there. Not sure what you would sell, patches?
Edit, Just checked TESS, no trademarks.
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CBS/Paramount sues to stop Axanar 2 - Electric Boogaloo-Fanboys gone WILD-too many hyphens
- Thread starter jespah
- Start date
I don't believe 'Axanar' itself is trademarked, I would have to check though. So no legal hurtles there. Not sure what you would sell, patches?
Edit, Just checked TESS, no trademarks.
The word "Axanar" Is. Trek. IP. It's the one fact that the axalytes and their leader ignore. Peters has turned it into a brand, but it's origin is the script of an episode of the original series. It is not a common word in any language and it is not public domain. It is trek IP. You cannot just start labeling things "axanar" for sale and assume nobody will make the connection to trek if you just say "it's axanar but it's not trek." It's trek. You will get sued.
what i really wonder is if stuff like "Axanar" or "Return to Axanar" isn't property of FASA Inc.?
there's lots of "Axanar" stuff on ebay. you can buy a "axanar signed" photo from Kate Vernon for 50 US$
https://www.ebay.com/itm/Kate-Verno...1:g:SPUAAOSwEK9UAS0T:rk:4:pf:1&frcectupt=true
there's lots of "Axanar" stuff on ebay. you can buy a "axanar signed" photo from Kate Vernon for 50 US$
https://www.ebay.com/itm/Kate-Verno...1:g:SPUAAOSwEK9UAS0T:rk:4:pf:1&frcectupt=true
i'm not so sure about that, it is not trademarked. CBS can't protect all the proper names used in Star Trek. There have been many names through the years that have also been used in other shows, movies, etc.. just because it was heard first on Star Trek does not mean it is protected. If CBS wanted to protect a name they will trademark it, for instance 'USS Enterprise' is trademarked.
The first two times the term is ever used is in the script for "Whom Gods Destroy." I remember the episode well. Kirk says it both times. That means the term "axanar" originated in material owned by CBS and Paramount. That means anyone using the term for branding or marketing purposes does so at their own risk. It is just like any fan material.
Yet. Key word. Any time they decide to trademark it anyone already doing so without proper license is screwed.
The hell they can't. All you need is enough lawyers with enough paralegals to watch the episodes and take notes.
Which names? How were they used? If they were used as a form of critique or parody that's not what I'm talking about. If you woke up one day and tried to sell Spock brand toilet paper, eventually your ass will get sued.
The phrase "USS Enterprise" is public domain. Ask the US Navy if they're worried CBS/P will ever sue them.
Apparently, "axanar" also was a verb that meant "to smooth or make plain" in Spanish around the middle of the last millennium? Not sure that would be enough to make the term public domain, however - and almost certainly not in the specific trademark context of space-based sci-fi.
heh. you can have a handcrafted
Axanar Heavy Destroyer Spacecraft Wood Model
for around 350 US$ that looks like the Defiant after it crashed into a runabout
https://www.ebay.com/itm/Axanar-Hea...b:g:TTkAAOxyyjpRwlu7:rk:5:pf:1&frcectupt=true
Axanar Heavy Destroyer Spacecraft Wood Model
for around 350 US$ that looks like the Defiant after it crashed into a runabout
https://www.ebay.com/itm/Axanar-Hea...b:g:TTkAAOxyyjpRwlu7:rk:5:pf:1&frcectupt=true
Okay, then the next two times it was mentioned in WGD.
Not to argue with you but I have been through this before this before, first off 'USS Enterprise' is indeed trademarked:
http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4802:8dxwh8.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl~:=PARA1$LD&expr=PARA1+AND+PARA2&p_s_PARA2=USS+Enterprise&p_tagrepl~:=PARA2$COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query
But, 'Enterprise' itself is not, nor can be, since it is a common word.
Axanar is not trademarked it can most certainly be use. If you had a product that was call Axanar. CBS can not just Trademark it and retroactively go after you. You were selling the product first even though Star trek may have doped that name in an episode or 2. The Patent and Trademark Office looks very carefully before issue a trademark. You can also file a protest with them. if the name is in is being considered for a trademark.
CBS will try to protect some of the most common names that clearly associate with Star trek like 'Klingon' but more obscure names like Axanar they will not.
There are also types of trademarks, Spock is trademarked by a few companies and only traded marked by Paramount as a 'Drawed Character' . So if I made a chemical cleaner called 'Spock' it is not Paramount or CBS that would go after me.
You can look yourself here:
http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4807:j9vdla.1.1
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Look, you can do whatever you want. All I'm trying to tell you is just because a bunch of other people are getting away with it now doesn't mean they will always get away with it or that you will get away with it alongside them. There's a risk. It may be remote, but it's still there. My preference would be to manage the risk as much as possible.
Take money for a fanfilm, make the fanfilm.
Take money for unlicensed merchandise, whether the IP owners are actively protecting it or not, you cannot control when they decide they want to protect it.
Take money for a fanfilm, make the fanfilm.
Take money for unlicensed merchandise, whether the IP owners are actively protecting it or not, you cannot control when they decide they want to protect it.
No, because the branding of name 'Axanar' is tainted by Alec. Also, for me, it has no special meaning and I have no desire to use it. My point was there really not any legal hurtle to worry about. I have a long history in buying and selling domain names (not as much these days) so I have had to learn a lot along the way in terms or the legalities of trademarks and copyright.
This, 100 percent. I would love to see an non LMIF Axanar fan film, if Alec wont do it then someone else can. Lord knows there are thousands of fans and former donors who deserve it! If I could do it, I would, but I would need help and my time, sometimes, can be limited.
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As several posts above indicate, you cannot Copyright words or short phrases. To file a valid Trademark CBS would have to start selling merchandise or services under the Axanar brand name. Trademarks are a use-it-or-lose-it thing. This is why Exxon still uses the Standard brand on a few gas stations, just so they can maintain that trademark.
Peters hasn't trademarked Axanar and if he tried I'm sure CBS would bring the hammer down because it would be a bad-faith gesture given their settlement. They could not sue him about the name specifically, but they have a shit-ton of other things they could give him grief over.
This thing is enough of a dumpster fire that if someone swiped/riffed off Peters' untrademarked logo the negative publicity would get you a ton of eyeballs, and maybe a bunch of "haters" would throw money at you just to stick it to Peters, or it would backfire and you'd never get anywhere.