Bath & Bodyworks Goes To Court To Explain To Summit Entertainment That The Word Twilight Existed Before The Movie
from the time-of-day-vs.-vampire-saga dept
We’ve covered many examples of movie studio Summit Entertainment being ridiculously overprotective when it came to the trademark on Twilight. Among other things, it’s sued Zazzle for merchandise made by others (hello, secondary liability), it’s shut down a Twilight fanzine, it’s claimed that only it can make a documentary about the town where Twilight is supposed to take place and even shut down a silly 8-bit YouTube game that plays off of Twilight.
Apparently Summit is now going after totally unrelated products that have “Twilight” in their name. It sent a threat letter to retailer Bath & Bodyworks, because that company sells “Twilight Woods” body lotion. Rather than fold, or wait for a lawsuit, the retailer has gone to court to get a declaratory judgment that it doesn’t infringe. It notes there’s quite a difference here:
“The term ‘Twilight’ is used so as to evoke the idea of a particular time of day when the sun is just below the horizon, illuminating the landscape,” the lawsuit says. “Whereas defendant uses the term ‘Twilight’ to refer to defendant’s teen vampire saga.”