Posted on 01/18/2002 6:13:27 PM PST by Brett66
Lucas Loses Porn 'Toon Tiff
Friday January 18 4:59 PM ET
This time, the Force wasn't with George Lucas.
The Jedi mastermind's Lucasfilm empire has struck out in the first round of its legal battle with some upstart pornographers. At issue: the X-rated Star Ballz cartoon.
Last week, a federal judge in San Francisco decided against blocking the sale of the animé saga of "Wank Solo," clearing the way for Star Ballz creator Media Market Group to resume hawking the $14.95 video online.
The case first attracted attention three months ago. Seeking to keep the family-friendly meaning of light saber intact, Lucas & Co. filed suit in October against Media Market Group, claiming Star Ballz shamelessly rips off Star Wars copyrights. The suit says Star Ballz is so similar to Star Wars that consumers could get the wrong impression and think Lucas had actually given his thumbs-up to the titillating 'toon.
Aside from the damage it could cause his good reputation, Lucas says Star Ballz could also negatively impact the sales of Star Wars-related merchandise, including videos, toys, games, books and CD-ROMs, potentially costing him millions of dollars.
Things looked promising at first for Lucasfilm. The court granted a temporary restraining order in December that prevented further manufacture, sale or distribution of Star Ballz until U.S. Distict Court Judge Claudia Wilken had a chance to review the case.
But on January 8, Judge Wilken came to the conclusion there was "little likelihood of confusion," and she decided to let Star Ballz continue to be sold pending a trial.
"The Star Wars films are so famous that is extremely unlikely that consumers would believe that Star Ballz is associated with Star Wars or Lucasfilm," the judge wrote in her decision.
The Media Market Group folks--who have insisted Star Ballz is simply a Scary Movie-like parody and is therefore protected under free speech rights--are trumpeting the ruling.
"This decision is an important First Amendment victory," Evan Feinberg, attorney for the New York-based company, says in a statement.
A note posted on the starballz.com Website was a bit more succinct in its evaluation: "Basically , it means...the judge reached the decision [Lucasfilm's] claims were a totally unfounded PILE OF CRAP."
Naturally, the Lucas camp doesn't quite see things that way.
"We respectfully disagree with the judge's decison on the preliminary injunction," says Lucasfilm spokeswoman Lynne Hale. "This is a pornographic cartoon utilizing Star Wars intellectual property. We feel strongly that the law does not allow for parody to be a defense to a pornographic use of someone else's intellectual property, especially when that use is directed to children."
Lucasfilm hasn't yet decided whether to appeal the judge's ruling. Even if Lucas doesn't appeal, his lawyers will still get a chance to make their case again. The suit will apparently go forward, although no trial date has been set.
Considering how valuable his franchise is, Lucas is fiercely protective of all things Star Wars and not afraid to resort to litigation. Last July, Lucasfilm blasted a medical-instruments maker for calling its newest gizmo--an energy beam-powered surgical device--the Light Saber.
Don't worry, Mr. Lucas. Your decision to cast N*Sync in the upcoming Star Wars film pretty much sank what was left of that good reputation.
succinct language, i will incorporate this in my next brief....Appellant's claims are a totally unfounded pile of crap....
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