Heirs of the Estate of Jenkins v. Paramount Pictures Corp.

90 F. Supp. 2d 706 (2000)

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Heirs of the Estate of Jenkins v. Paramount Pictures Corp.

United States District Court for the Eastern District of Virginia
90 F. Supp. 2d 706 (2000)

SH

Facts

In 1945, William Jenkins published the novelette “First Contact,” a tale of mankind’s first encounter with extraterrestrial life. Over time, the novelette become known as a seminal example that helped to pioneer an entire genre of first-contact stories. Then, in 1966, Paramount Pictures Corporation (defendant) released the eighth motion picture in its Star Trek franchise, Star Trek: First Contact. Paramount obtained numerous trademark registrations for Star Trek: First Contact and licensed the mark for use on various goods. The heirs of Jenkins’s estate (plaintiffs) sued Paramount for trademark infringement, arguing that their ownership of Jenkins’s novelette gave them trademark protection for the phrase First Contact and that Paramount’s use of the phrase violated their trademark rights. Paramount moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Ellis, J.)

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