The Umpire Strikes Back

In an October 2020 decision, the U.S. Trademark Trial and Appeal Board refused to allow an applicant’s registration of the trademark “Millennial Falcon,” finding that Lucasfilm Entertainment Company had established the likelihood of confusion between “Millennial Falcon” and Lucasfilm’s “Millennum Falcon.”

Of crucial importance:

  • “Applicant believes that his mark “appropriately conjures up the phrase “Millennium Falcon” in order to “carry out” his parody. However, we find no parody in the mark itself. From this cumulative evidence, particularly, Applicant’s acknowledgement that he applied for the mark MILLENNIAL FALCON knowing it would call to mind Opposer’s [Lucas Film] MILLENNIUM FALCON, the popular and well-known element of the first STAR WARS film and franchise; and that Applicant’s use since adoption of the mark continues to make reference to Opposer’s STAR WARS universe, we find that Applicant’s adopted the mark MILLENNIAL FALCON with the intention to trade off of Opposer’s MILLENNIUM FALCON mark.”

As Jar Jar Binks would say, “How wude!”

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