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'Buckyballs' Lawsuit May Limit Use of Celebrity Name

By Kyle-Beth Hilfer

“Buckyballs” magnetic toys have been in the news because of the manufacturer's public battle with the Consumer Products Safety Commission (“CPSC”). This past summer, the CPSC sought to ban the sale of the magnetic balls in the United States because of their misuse and threat to children who ingest the toy. Recently, the manufacturer Maxfield & Oberton Holdings, LLC faced another legal setback. In November 2012, a California federal district court denied its motion to dismiss the lawsuit of the Estate of Buckminster Fuller. If the Estate eventually prevails, the emerging precedent could strengthen the rights of a celebrity trying to protect use of his personal name.

The plaintiff in the case of The Estate of Buckminster Fuller v. Maxfield & Oberton Holdings, LLC, U.S. District Court Northern District of California, San Jose Division, Case No.: 5:12-CV-02570-LHK, 11/05/12 Order denying motion to dismiss, is the successor in interest to the rights of Richard Buckminster Fuller, the famous scientist who discovered the Carbon-50 molecule named after him as “Buckminsterfullerene” or “Buckyball.” Plaintiff controls rights to several variations of Fuller's name, including “Bucky Fuller.” The Defendant manufactures and sells the popular desk toy named “Buckyballs” and several other toys that incorporate the “Bucky” prefix, such as “Buckycubes” and “BuckyBlocks.” Throughout Defendant's literature, it refers to Fuller and his discovery. In 2011, Plaintiff had granted Defendant a limited license to use Fuller's name and likeness in connection with a specific limited edition of its “Buckyball” toy.

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