Bath & Body Works pre-emptively striking against 'Twilight' lawsuit

Thursday, March 10, 2011 2:01 AM By dwi

examiner.com -

Long-time readers of Twilight news willl know that the program has been the source of a lot of proceedings over the instance few years. Most of the time, frankly, Twilight flick flat Summit Entertainment seems to verify the plaintiff's seat in these cases, making a stand for its property rights over certain trademarks, copyrights, business dues, and the like.

To refresh, most recently, we've seen the flat sue Blockbuster for moneys unpaid to them from income of The Twilight Saga: Eclipse DVDs (Sidenote: an interval but essential decision - essentially whether Blockbuster crapper refrain the liquidation existence wanted by the flat - on this supply is actually existence prefabricated today, per The Hollywood Reporter). That is a evenhandedly cut-and-dry issue, it seems. In another instances, though, things hit been inferior straight-forward. Like with the studio's rights to obligation an enjoinment of B.B. Dakota crown income because the consort has boasted the coat's ingest in the prototypal film, for example.

Anyway, the saucer is that things crapper be sticky when it comes to this program and the different privileges related with it. So, digit company, Bath & Body Works, is making a pre-emptive move to refrain this category of entanglement.

According to Reuters Canada, Bath & Body Works has begun jural proceedings to determine, erst and for all, whether their creation distinction infringes some of Summit's rights.

Per that report, the consort has a distinction of odoriferous "toiletry" items titled "Twilight Woods," and they are hunt a declaratory sentiment to the gist that this is unrelated to and thusly uninfringing upon the Twilight series.

What's interesting here is that digit strength be able to ascertain a similarity between the trademark utilised on the stickers for these products and the, say, flick poster for The Twilight Saga: New Moon. Though, Reuters quotes a B&BW allegoric to state that their ingest of the articulate "Twilight" in the creation distinction does not stem from the Saga itself but rather a more literal meaning (Merriam playwright defines: "the light from the sky between flooded period and sunrise or between hour and flooded period produced by diffusion of sunlight finished the region and its dust"). One could debate that the imagery from the flick promos and this distinction are both relation of that definition, in theory . . . but then issues related with the "look and feel" construct strength arise, and this crapper get very complicated, very quickly. As always, this is meet speculation, and it'll be up to the courts to inclose the existent and jural issues for this matter.

At some rate, it's interesting to see Bath & Body Works make much a move. On the digit hand, they could immunize themselves from meet over the matter. On the another hand, if the suite doesn't decide their way, they could open themselves up to a causa when they strength not hit modify been on the studio's radiolocation before (with a declaratory sentiment - a.k.a. dealmaker - in assistance against them, to boot). Time module verify . . .

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Suggested by the author:
  • Blockbuster fails to pay ‘Twilight’ flat for ‘Eclipse’ DVDs
  • Another 'Twilight'-related lawsuit, this instance from a musician

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