Legal Action Against Paramount Pictures
In 2000, Leinster's heirs sued Paramount Pictures over the film Star Trek: First Contact, claiming that as the owners of the rights to Leinster's 1945 short story "First Contact", it infringed their trademark in the term. The U.S. District Court for the Eastern District of Virginia granted Paramount's motion for summary judgment and dismissed the suit. The court found that regardless of whether Leinster's story first coined the phrase, it had since become a generic and therefore unprotectable term that described the genre of science fiction in which humans first encounter alien species. Even if the title was instead "descriptive"—a category of terms higher than "generic" that may be protectable—there was no evidence that the title had the required association in the public's mind (known as "secondary meaning") such that its use would normally be understood as referring to Leinster's story. The Second Circuit Court of Appeals affirmed the lower court's dismissal without comment.
Read more about this topic: Murray Leinster
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