Trademarks and Lawsuits

[KnightRevan]

So I just finished building a graflex 2.0 and I'm putting it up for sale. My Dad is worried about using the term lightsaber when I sell it. Should I avoid using the word or be worried about being sued?

[rlobrecht]

It is a registered trademark. http://tsdr.uspto.gov/#caseNumber=76072226&caseType=SERIAL_NO&searchType=statusSearch

No idea if Lucas/Disney would take legal action over a single sale, but they would be will within their rights to.

[FenixFire]

So I just finished building a graflex 2.0 and I'm putting it up for sale. My Dad is worried about using the term lightsaber when I sell it. Should I avoid using the word or be worried about being sued?

It would be very unlikely that you would be singled out. They would more likely start with the main builders like those not to be mentioned here, and the main fabricator of the graflex, as lightsaber and graflex are technically both trademark infringements. Also not sure how trademark law differs from patent law but considering Lucas Arts did not file for a trademark until 2000, some 23 years after the ANH, a good lawyer could argue that it was already a term worked into cultural language. Now the fact that the grafelx most likely looks like a copy of the physical design of a particular movie prop which is also a trademark, could be harder to argue...though once again they would most likely go after the big fish as that would yield more return.

[Silver Serpent]

I've seen people put up disclaimers stating they're not affiliated with LFL, Disney, etc. Not sure how well it stands up from a legal standpoint. "Illuminated Saber Prop" is probably a safe descriptor.

I am not a lawyer, so don't take my advice as such.

[FenixFire]

I've seen people put up disclaimers stating they're not affiliated with LFL, Disney, etc. Not sure how well it stands up from a legal standpoint. "Illuminated Saber Prop" is probably a safe descriptor.

I am not a lawyer, so don't take my advice as such.

The not affiliated with Disney, Lucas Films, Lucas Arts, or ILM would certainly be a good addition as a footnote in the post. That way it is clear that you are not intentional trying to pass it off as an official Disney Licenced product.

[KnightRevan]

Thanks for the feedback! Most of this is what I assumed and just to follow up I called Ebay and they said that the term lightsaber is fine to use but any other reference like names of characters shouldn't be used. They also said don't use graflex in the name. I managed to get it listed in the end under their terms and hopefully it will sell soon.