Star Wars strikes back in beer trademark wrangle

The film company founded by Star Wars director George Lucas has objected to a trademark application by a US brewing company that plays on the name of one of his fantasy films.

Lucasfilm, a subsidiary of entertainment company Disney, filed a notice of opposition against Empire Brewing Company’s application for its ‘Strikes Bock’ brand of beer.

Although the trademark is ‘Strikes Bock’ on its own, if used together with the first part of the brewer’s name, it could create a play on the The Empire Strikes Back, the second instalment in the original Star Wars trilogy.

Bock is a strong type of German lager.

In its opposition, filed at the Trademark Trial and Appeal Board, Lucasfilm described the applicant’s mark as “virtually identical in sound, appearance, and connotation” to its own ‘The Empire Strikes Back’ trademark.

The application differs by “only one letter in the respective last words ‘Bock’ and ‘Back,’ and the initial word ‘The’”, the complaint said.

Lucasfilm added that the company has a “long history” of using its trademarks for food and beverages, including wine.

“The fact that consumers have been exposed to and accustomed to seeing Lucasfilm’s Star Wars film franchise trademarks in connection with food and beverages, including wine, increases the already existing likelihood of confusion,” Lucasfilm said.

But David Katleski, owner of Empire Brewing, which is based in New York state, said Lucasfilm had got the name of the trademark application wrong in its opposition.

"The thing is, the beer is called 'Strikes Bock', not 'Empire Strikes Bock,'” Katleski told the local news website for the city of Syracuse, where Empire is based.

"It's 'Strikes Bock’, by Empire," he added.