The creative story-telling that fueled the passion of fans inspired a number of them to expand the Star Trek universe on their own through "fan films," which can challenge the property owners' efforts to maintain the integrity and appeal of their franchise. If unchecked, unauthorized derivatives could lead to an eventual loss of the copyright and trademark rights that underlie the value of the property.
Nearly 70 years after it became law, the U.S. Supreme Court heard arguments in January on whether §2(a) of the Lanham Act violates the First Amendment. The case, Lee v. Tam, focuses on the provision that forbids registration of trademarks that "disparage" people, institutions, beliefs or national symbols.
What happens in Vegas does not necessarily stay in Vegas. Such was the recent ruling by the USPTO that denied registration of the trademarks "Las Vegas Golden Knights" and "Vegas Golden Knights" to the newest NHL franchise, due to their similarity to Golden Knights of the College of Saint Rose, a mark owned by a small college in Albany, NY.
Entertainment and intellectual property practitioners and businesses should take note of these changes, as they directly inform the manner in which these matters will be handled moving forward and could potentially affect outcomes.
