Star Wars: The Judicial Opinions

Our last post explored how the lens of Star Wars has been used to interpret various aspects of the law. In addition to these broader discussions, judicial opinions themselves are also full of references to the Star Wars franchise.

Some of these are directly related to the Star Wars movies and licensed products, such as this 1977 suit over allegedly derivative toys, in which the court described the characters in great detail:

C-3PO (also "See-Threepio") is a humanoid robot of a gleaming brass- or [744] gold-colored metal. His metal plates overlap at various joints but do not cover his stomach area, through which complicated wiring is displayed. He is a "human-robot relations specialist" and often accompanies R2-D2. Ideal Toy Corp. v. Kenner Prods. Div. of Gen. Mills Fun Grp, Inc., 443 F. Supp. 291 (S.D.N.Y. 1977) 

In a major copyright infringement lawsuit, the court compared the differences between Star Wars and the movie Battlestar Galactica:

To describe STAR WARS as a morality play captures its essence, taken as a whole. The central character of STAR WARS, Luke Skywalker, is flawless, greater, purer than life. The Princess, another important character, is untouchable and unreal; also purer than life, more a symbol than an actual person.
...
Now, contrast STAR WARS, as I have described it, with BATTLESTAR GALACTICA. The latter is merely a prosaic familiar story of the goods fighting the bads. GALACTICA is no morality play.It is not pure fantasy. It puts very human people, with all their weaknesses and feelings, in a situation we can all relate to, except that the familiar scenes all take place in a space setting. 
Twentieth Century-Fox Film Corp. v. MCA, Inc., 1980 U.S. Dist. LEXIS 16637 (C.D. Cal. 1980)

Even in cases unrelated to the movies, a number of judicial opinions have referred to characters from the saga to illustrate points. For example:

Luke Skywalker, the mythological hero:

• Precisely this reluctance drives many hero stories. Spiderman, Batman and Superman are a prime examples of reluctant heros. So are Luke Skywalker, the Hobbits, and Buffy the Vampire Slayer. Mere reluctance to take up the mantle of greatness cannot be grounds for copyright infringement. Davis v. ABC, 2010 U.S. Dist. LEXIS 76145 (W.D. Mich. July 28, 2010) (copyright infringement)
• Absolute certainty in matters of paternity, of course, has historically been unobtainable. Think of the characters in classical mythology who discover who their true father was somewhat late in their lives. E.g., Theseus, Arthur, Luke Skywalker. Estate of Carter, 111 Cal. App. 4th 1139 (Cal. App. 4th Dist. 2003) (paternity)

Jar Jar Binks, the symbol of disappointment:

• The toys customers seek in all these stores are highly differentiated products. The little girl who wants Malibu Barbie is not likely to be satisfied with My First Barbie, and she certainly does not want Ken or Skipper. The boy who has his heart set on a figure of Anakin Skywalker will be disappointed if he receives Jar-Jar Binks, or a truck, or a baseball bat instead. Toys "R" Us v. Ftc, 221 F.3d 928 (7th Cir. 2000) (antitrust) 

Lando Calrissian, the traitor:

• Capuano promised the others he would "not do anything 'Callrisian-esque,'" which was his way of saying that he would not betray defendants to TestMasters, as the character Lando Calrissian ("the mayor of [13] Cloud City" played by Billy D. Williams) had done in the Star Wars movie The Empire Strikes Back (Lucasfilm 1980). Robin Singh Educ. Servs. v. Blueprint Test Preparation, 2013 Cal. App. Unpub. LEXIS 537 (Cal. App. 2d Dist. Jan. 23, 2013) (unfair competition) 

Obi-Wan Kenobi, the master of diversion

• Without citation to authority or much supporting argument, Stapleton tries a unique line of attack. He directs the Court for "guidance" to the more detailed requirements of the analogous rule of civil procedure. See R. 45 at 5 (quoting Fed. R. Civ. P. 26(a)(2)(B)). This attempted diversion—the legal equivalent of Obi-Wan Kenobi's "These aren't the droids you're looking for," see Star Wars Episode IV: A New Hope (Lucasfilm 1977)—is unavailing. United States v. Stapleton, 2013 U.S. Dist. LEXIS 108189 (E.D. Ky. July 31, 2013) (expert testimony dispute) 

Darth Vader, the symbol of evil:

• This case is somewhat akin to deciding a dispute between Darth Vader and the Borg, or if you prefer a classical metaphor, Scylla and Charybdis. Anthony v. Mazon, 2006 Cal. App. Unpub. LEXIS 5625 (Cal. App. 4th Dist. June 27, 2006) (exclusion of evidence dispute)
• Defendant portrays Officer Fleming as the Darth Vader of High Desert State Prison and the nurse and other correctional officer, both of whom testified they saw the weapon in defendant's shoe, as his minions. People v. Pimentel, 2015 Cal. App. Unpub. LEXIS 3043 (Cal. App. 3d Dist. Apr. 30, 2015) (exclusion of witness testimony)
• After receiving extensive testimony, the Court notes that Vader does not appear to be anything like the powerful Dark Lord of the Sith, Darth Vader, from the epic saga Star Wars. In essence, Vader the dog, appears to be a lovable pet that was rescued from the Humane Society and put to work as a police dog. United States v. McLaughlin, 2005 U.S. Dist. LEXIS 39402 (D. Utah June 15, 2005) (search and seizure) 

With the enormous box office success of Star Wars: The Force Awakens, it is likely only a matter of time until a judge incorporates references to new characters Kylo Ren, Rey, or BB-8 into a ruling.

Blog Roundup: Star Wars and the Law

What does this week's much-anticipated opening of Star Wars: The Force Awakens have to do with the law? Perhaps more than you expect.  In fact, quite a few legal scholars and attorney bloggers have explored how the epic franchise illuminates many different aspects of the law, including the following.

Property Law: Who owns the rights to the blue lightsaber owned by Anakin Skywalker, collected by Obi-Wan Kenobi, given to and lost by Luke Skywalker, and apparently seen in trailers for The Force Awakens?  From The Legal Geek:

Yes, fans might want to know where that lightsaber is, but for that matter, who actually owns the lightsaber? For that answer the lightsaber must be analyzed through the intricate lense that is property law. 

Tax Law: Can tax policy change the galaxy?  From the BNA Federal Tax Blog:

Before there could be a clone war, a Skywalker losing some limbs in a light saber duel, a Death Star, a Death Star blowing up, another Skywalker losing a limb in a light saber duel and another Death Star blowing up, there was—and, believe me, the Star Wars fan in me wishes I was making this up—a tax controversy. 

Criminal Law: Can Darth Vader be held responsible for murder, false imprisonment, burglary, or other crimes? From The Findlaw Blotter:

The first scene in Star Wars opens with Darth boarding Princess Leia's ship, looking for stolen structural plans of the Death Star. The crime of burglary is defined as the unauthorized breaking and entry into a building or occupied structure with the intent to commit a crime inside. Vader and other Imperial troops, like common thieves in the night, blast their way on to Leia's ship with the intent of stealing the Death Star's plans. 

Constitutional Law: How is the creation of Star Wars like the creation of constitutional law? From scholar Cass Sunstein:

[T]he composition, and its multiple twists and turns, tell us a great deal about the nature of the production of narratives in general, including those that have many authors, such as constitutional law. 

. . .

Whether Jedi or Sith, the authors of constitutional law are a lot like the author of Star Wars, disguising the essential nature of their own creative processes. 


Check back soon for our next post exploring judicial opinions involving Star Wars.

Estate Planning Post-Divorce

One of the most important reasons young parents create an estate plan is to name a guardian for their minor children in the event that both parents die before the children reach the age of majority. If the parents are divorced, their individual wills may name a guardian who is not the ex-spouse. Who would become the guardian of the children?

Throughout Ohio’s juvenile code, a court is required to make custody decisions based on “the best interest of the child.” In custody hearings between parents and non-parents, Ohio courts have also established a general rule that the child’s best interest is to be cared for by his or her parent. However, parental custody is not in the child’s best interest if, for example, the parent has abandoned the child, is unable to provide support, or is otherwise unsuitable. (See In re Perales, 52 Ohio St. 2d 89 (Ohio 1977))

To determine the child’s best interest and the parent’s suitability, the court would have a number of factors to consider. For example, the court would take into account a divorced mother’s will which names a grandmother as guardian. However, it would also examine the children’s relationship with their father: Does he live nearby or out of state? Is he involved with parenting? Physically violent? The couple’s divorce or custody orders may also provide important information for the court to review.

Bottom line? If you are divorced, it is essential to consult an attorney when making your estate plans to ensure that your wishes regarding your children are best reflected in your estate documents.

The Cleveland Indians and the "Baseball Rule"

While attending a baseball game at Cleveland’s Progressive Field in July 2012, Keith Rawlins and his daughter were cheering for the Indians from seats along the third base line. During the top of the ninth inning, Rawlins was allegedly pressured by ushers to vacate his seat in preparation for a post-game fireworks display. As he left, he was struck by a foul ball, which blinded him in one eye and ended his career as a tool and die maker.  Can Rawlins recover for his injuries?

In most cases, fans injured during a baseball game cannot recover from the team. The well-established “baseball rule” states that fans assume the risks of attending a game, particularly the risk of being struck by a foul ball. A team cannot generally be held liable for injuries occurring during the normal course of a game - unless its actions increased the inherent risk of attending a game.

Earlier this month, the Eighth District Court of Appeals considered that very question in Rawlins v. Cleveland Indians Baseball Co., Inc. In its decision, the appeals court found that questions of fact remained as to if Indians employees increased the risk to Rawlins. The court remanded the case to the Cuyahoga Court of Common Pleas for a determination of whether ushers did ask Rawlins to vacate his seat and if so, whether those actions increased the inherent risk of the game.

For more, read the Cleveland Plain Dealer summary or the complete opinion.

Protecting Your Trademark Overseas

A federal trademark registration with the United States Patent & Trademark Office (USPTO) is limited to protection within the United States. Outside of the country, similar marks are not automatically preempted without an additional filing (and even if they are, may be burdensome to enforce). You might be surprised to stumble across, for example, an Applebee’s restaurant near Shakespeare’s Globe Theater in London or an Old Navy café not far from Paris’s Luxembourg Gardens.

However, registering your trademark internationally is not as burdensome as it may seem. The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) is an international treaty that allows a trademark owner to seek registration from any of the 96 parties with a single application. Instead of requiring individual applications in the language of each country where an applicant desires protection, the Madrid Protocol allows the applicant to file a single international registration through the United States Patent and Trademark Office. An international application may be filed electronically using the Trademark Electronic Application System for International Applications.

While every applicant may not need international protection, it may be wise to consider international registration if you anticipate using your mark overseas or know of potentially infringing marks. More information on the Madrid Protocol and international applications is available from the USPTO.