Seems that popular big boy toy company Wicked Lasers has fallen under the dark shadow cast by the boot of Lucasfilm’s legal team.
Their Pro Artic Laser has a hilt shape that harkens to the designs of Star Wars’ lightsabers and Lucas wants them to change it, or pull the product from their catalogue.
“Star Wars” creator George Lucas wants to force a laser company to stop making a new, high-powered product he says looks too much like the famous lightsaber from his classic sci-fi series.
Lucasfilm Ltd. has sent a cease-and-desist letter to Hong Kong-based Wicked Lasers, threatening legal action if it doesn’t change its Pro Arctic Laser series or stop selling it altogether.
The laser device does have a somewhat Lightsaber styling to its case, and I could see the comparison, though its similiar and not exact.
Wicked Laser speculates that Lucas is pursuing this “kind of ridiculous” lawsuit to keep up appearances that he will pursue anyone who treads on his copyrights. And I don’t think that is the motive, but I will never deny a copyright holder the right to pursue. In fact he has a responsibility to protect his product and likeness.
To be fair to Lucas, this product may not be called a lightsaber or intend to infringe, but dozens of tech blogs and review sites have come to that conclusion themselves, outright calling it a lightsaber and commenting the body design makes it look like they want it to be a lightsabre. And how can you look at this and NOT think it looks like a lightsaber??
(Thanks Slushie)
And its a simple fix. They change the body of their popular Pro Artic Laser model to not resemble a lightsabre and no one gets sued. Even if they didn’t intend it, it does look like one and legally that is all he needs to pursue it.
Would Lucas win? That is for the courts to decide. But if it gets to the courts, the product will have to be pulled out of their catalogue until it resolves anyways, so its likely something like this will get settled out of court.
Was curious so I followed up on this today.
They dropped the cease and desist order in August.
I never heard anyone refering to them as laser sabres, but why not? Does Lucas own the word sabre? Light sabres and laser sabers are two differnt things. Does Lucas have a patent on the cylinder shape? It would not be proficient to make these lasers any other way. If I was making a cool laser cylinder in shape I would customise it to look cool as hell. Why would you want to dumb it out and make it ugly as hell. You have a cool laser so why not make it look cool. As long as Wicked Laser doesn’t refer to it as a light sabre they should be in the clear. Light sabres arent real and the Artic blue is! Lucas is just jealous and childish dont forget smart enough to capitalize on all the media hype.
Tech blogs are all calling these lightsabers. No, Lucas doesn’t own the world saber. And the article clearly says he isn’t saying they have called it a lightsaber or used the term. But its pretty clear that they are styled to look just like a lightsaber.
And there are a million ways to make this look “cool as hell” without making them look just like a lightsaber. They could have made these less cylindrical, more blocky and instantly they woudlnt look like lightsabers.
Lucas isn’t being “childish” Not protecting your copyright would be irresponsible. He is doing what he is legally responsible to do about this obvious attempt to monopolize on his franchise without actually coming right out and saying it.
What has Lucas copyrighted?! Lightsabers were not real, man. It’s just an idea–a very cool idea, but an idea none-the-less. It would make sense to sue if another FILM or BOOK had incorperated lightsabers–because that would be ripping off the IDEA.
Say someone created a fully operational transporter system (i.e. Star Trek)–should they be sued? Of course not, because while they were depicted in a show, they were never actually real. Was Motorolla sued when they came out with the first flip phone (which looked an awful lot like a Star Trek communicator)? Of course not.
As long as Wicked Laser does not call their product “lightsaber,” Lucas doesn’t have a leg to stand on here.
Dave seriously? Do you even know what an intellectual property is??
You might want to read a little bit about copyright law and intellectual property. Lucas is well within his rights to pursue this and will win.
The lightsaber, its style, its hilts, its appearance and description are all copyright. They are protected by Lucas’ intellectual property.
This likely will not go to court because the Wicked Laser people have no leg to stand on. Its pretty clear from the styling of the device that they were playing to the lightsaber imagery when marketing this product. Lucas doesn’t have to pretend that it looks like a lightsaber when dozens of respected tech blogs (and anyone with eyes) are saying this is styled to look like a lightsaber.
Legally he doesn’t have to prove intent of this presumed marketing strategy, just the result. And there is plenty of proof out there. Lucas attourneys will just have to bring in the props and compare and the styling is obvious. Wicked Lasers knew what they were doing, Lucas lawyers just happened to notice too.
The Wicked Laser product only generically resembles a Star Wars lightsaber. It’s design is not specific to any particular hilt used in any of the films, toys, marketing, etc…
I’m not a copyright expert–and I’m guessing you are not either–but I’m inclined to agree with the company’s press release:
“While press or customers may have coined the nickname Lightsaber when talking about the product, Steve Liu, CEO of Wicked Lasers, has never compared this or any of his products to the Jedi weapon wielded by Luke Skywalker or Darth Vader – not to mention the other obvious differences between the two products (e.g. PAS3 is 1 watt peak output power while Lightsaber is1 billion watts peak output power; PAS3 has non adjustable infinite length beam while Lightsaber has adjustable finite length blade; PAS3 is real while the Lightsaber is imaginary, and so forth).”
-Company Press Release
I’m anxious to see how this turns out. If Lucas manages to make the cease and desist order stick, I’ll owe you a drink, Rodney.
While not an expert, copyright is still very important to me and I am well aware of the laws and what they can do.
That statement is designed specifically to spin the situation so they don’t sound like they are in violation. Its hyperbole suggesting that their device cannot be used or appear like a lightsaber, but that is not what they are being sued over. They are playing stupid, and you are buying into it.
It DOES look similar to a lightsaber, and others have published reviews of the product coming to the same conclusion. Lucasfilms’ claim isn’t that they tried to make a lightsaber, and specifically states that Wicked doesn’t directly market this “as a lightsaber” or even using the term, just that it strongly resembles the styling and hilt used in the films and is marketed to play to that resemblance.
In copyright, you don’t have to prove their intent, just the result.
Simple google search references McCarthy’s Desk Encyclopedia of Intellectual Property, where infringement exists when one work appropriates “the fundamental structure or pattern” of another as grounds for copyright infringement. The various lightsaber hilts are directly trademarked as intellectual properties and these are closely designed in similarity to look much like their property.
Not saying he will win (I would think he would) but he certainly has grounds to pursue this and a very strong case.
I’m guessing at least some of this is that Lucas knows that if there is a laser that looks like a Lightsaber, some kid somewhere will try to Lightsaber fight with it, and this laser is powerful enough to blind and burn. When the parents begin suing companies, Lucasarts probably wants to distance themselves as much as possible from this product.
This from a guy who stole some of his Star Wars material from a book…
Star Wars was not stolen.
Much of it is inspired by World War 2 combined with works of Kurosawa, but not stolen at all. Lucas was inspired by themes found in those works as well as historical elements that were adapted to fit.
So why is it wrong for the laser company to be “inspired” by star wars and take that inspiration and create its own product?
Yo cannot be “inspired” to copy an intellectual property. That is the very definition of copyright violation.
I showed my five year old the picture of the two lasers and asked him what they are, and he said lightsabers. Not sure how this would end in court, but I would bet my left nut the creaters of these knew they totally looked like lightsabers. Very coincidental they have a green one and a blue one too.
This is ridiculous. Lucas is rich enough–let this laser company do it’s thing! Also, it’s not like it is based specifically on a Star Wars character’s lightsaber–it’s just a cylinder with some do-dads on it. So Lucas has the rights to all cylindrical shapes? Next thing you know he’ll be placing a cease and desist letter to the moon for looking like the Death Star.
“Rich enough” is not permission to rip off.
So if you have ENOUGH money, then I am allowed to steal your property (or likeness) and make money off it?
The ignorant “he has enough money so let them commit the crime” is completely flawed way of thinking.
There is never a point where someone makes “enough” money off a product that suddenly changes the law of their intellectual property.
And see the link above where Slushie posted a better picture… (which I am going to add to the post) they are not random cylindrical objects with dodads on it. They clearly resemble the style shape and function of a lightsaber. How can you NOT say that looks like a lightsaber?
It’s no use, Rodney. It’s the popular thing to do these days, bash Lucas no matter what and claim he’s always the bad guy, no matter the circumstance. Trying to argue and debate with such people is useless I find, so I gave up on it long ago.
For second my 7 year old self got really excited and thought they had finally made a lightsaber lol. It definitely looks like a lightsaber and there is no arguing that. However, if this company isn’t promoting it as a lightsaber in any way I don’t see an issue. I’ve seen various laser swords of the years in stores that look somewhat like a lightsaber but are not called that. Don’t get me wrong I’ll defend Star Wars against anyone but in my opinion this isn’t really an issue.
Its not an issue of what they are promoting it as. They won’t say it is supposed to be a lightsaber, they just let you come to that conclusion on your own.
I guarantee during the design phase they knew full well this was going to look like a lightsaber then they play dumb when Lucas calls them on it.
I fully understand why Lucas would want to sue and I agree the inventors did say the same thing before they pitched the idea. Personally, I don’t see it as a big deal but in the end its up to Lucas to decide (which it seems he has) how far he wants to take this. If you took the all the lights out of the picture then this wouldn’t be that big of an issue however that would be counter productive in terms of advertisements and marketing.
And if he did try to sue the moon for looking like the death star the defense could counter with his own line.
“That’s no moon”
Besides, the moon came first, so the moon would have to sue Lucas. And that would be as dumb as saying why he doesnt sue Flashlight makers for looking like lightsabers.
Its his property and he has a responsibility to defend his property. Allowing this to slide just gives permission for someone else to.. and then another, and another.
Then he has no property.
What are the copyright laws in China like?
http://theawesomer.com/photos/2010/01/011910_laser_3.jpg – Yep, totally looks like a lightsaber. I can’t see how hey don’t think it does.