UK Woman Denied Passport Because Her Name Might Infringe On Disney's Copyright
from the transmitting-infringing-names-across-borders-for-personal-gain dept
With all the talk of terrorism keeping government officials firmly focused on travel documents (and electronics), it really comes as no surprise that they're on top of any passport anomalies. Like a traveler sporting one more "Skywalker" in their name than the other 99.9999% of the population. [via several TD readers, but first from Jon Jones]
Her namesake may be able to travel across galaxies in Star Wars, but Laura Matthews from Southend – whose middle name is Skywalker – isn't even able to get on a budget airline to the Med.Seeing as copyright and trademark law has nothing to do with security and/or a person's ability to travel, it's a bit odd that the passport office would be so concerned about George Lucas' intellectual property -- a stock farmboy character transplanted to a stock good v. evil storyline set in a futuristic past. After all, as Laura Skywalker points out, no other government agency has expressed a concern about her legally-changed name.
The 29-year-old added the middle name by deed poll in 2008, "for a bit of a laugh", and recently tried to renew her passport, complete with her new name and the signature L. Skywalker. Her application was refused, with the Home Office telling her it "will not recognise a change to a name which is subject to copyright or trademark".
A disgruntled Matthews complained: "It's on my driving licence, my bank cards, everything. Everyone else is happy with that signature apart from passport office."In the spirit of compromise hastened by a disgruntled would-be traveler and a bunch of negative press, the passport office is trying to work out a way to let this Skywalker board aircraft. The fix suggested is the most bureaucratic solution, involving Matthews submitting passport paperwork with her old non-Skywalker signature and being allowed to keep the new one featuring the now-famous "L. Skywalker" scrawl, which will result in duplicated paperwork that doesn't match the current passport and will likely subject Matthews to additional scrutiny from watchful and confused customs officials in the future. Never forget: the government exists mainly to generate paperwork and performing this useless maneuver satisfies that requirement.
Still, it must be asked why customs is so damn adamant that no one violate the sanctity of intellectual property with spur-of-the-moment name changes. Granted, the agency acts as a buffer between nations by vetting travelers (and their counterfeit goods), but its objective should be safety, rather than acting as guardians against the secondary liability caused by the movement of an "infringing" name across borders. Also granted, the most powerful name in intellectual property -- Disney -- now "owns" Skywalker and other associated Star Wars IP. The mere speculation that the corporation would mobilize its army of IP lawyers has been enough to shut down productions clearly covered by fair use.
We're often accused of being some sort of IP-obsessives here at Techdirt when calling out others for their inability to tell their patents from their copyrights, but the true obsessives are those who man the borders and look for potentially-infringing names.
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Filed Under: laura skywalker matthews, names, passports, skywalker, star wars, uk
Companies: disney
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George Lucas's property?
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Re: George Lucas's property?
I don't think the name can be anyone's property. It is too short for copyright - and trademark has to refer to a particular line of business.
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Re: Re: George Lucas's property?
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Re: Re: George Lucas's property?
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Then why did they recognise it when processing her deed poll application? How can they accept a legal change of name for one service but not another?
How can you legally change your name, only to have the resulting name not be valid for other legal documents? How can a name be valid for a driving licence but not a passport? What would happen if a parent gives them that name (and I'm sure someone somewhere has) - is their given birth name now unacceptable? Can that person then never get a passport?
As ridiculous as the copyright angle is, the real story is that the UK government apparently has inconsistent rules for what constitutes a legal name across different legal documents. This is a problem.
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I think you may be on to something here. Precedent in courts here and on the other side of the Atlantic suggests that one court follow another's decisions. Isn't the same or similar principle followed by bureaucratic agencies? And if not, why not?
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Re:
What about anyone with the last name Simpson (another I see often)? The idea that someone adopts -as their middle name no less - a single name from a fictional character in a fictional movie and this is cause for alarm to anybody just amazes me. You pick a name, and someone somewhere has it naturally.
Heck my friend gave their daughter the middle name "Cortana". Is Microsoft going to deny her driver's license now?
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Re: Re:
http://www.imdb.com/title/tt2587214/
http://www.jamesbondlifestyle.com/news/name-bond-james-bond
And in any case, Flemming took the name from the cover of a bird-watching book, Birds of the West Indies, by American ornithologist, James Bond
https://en.wikipedia.org/wiki/James_Bond_%28ornithologist%29
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The proper reaction
http://www.reactiongifs.us/gives-shit-harrison-ford/
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Re: The proper reaction
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This is very disturbing
Whomever at the passport office for a second thought copyright applied to them is a god damned idiot.
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Luke
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Re: Luke
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Re: Luke
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Mercedes?
After all, given the 'moron in a hurry' test, I assume a girl named Mercedes probably wouldn't be easily confused with a car. Does this mean so long as Laura Skywalker avoids using The Force, she should be fine?
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Re: Mercedes?
But, it's idiotic no matter how you put it. If trademarks and copyrights came into play, it would apply to people trying to use the name in a way that violated a trademark (such as setting up a business containing that name in a related industry), not on an identity document.
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Re: Re: Mercedes?
In actuality, Wendy is a good example because it shows the lack of a negative effect even when a name invented by an author becomes widely used a first name.
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Re: Mercedes?
The copyright industry is hysterical about avoiding any reference to fictional characters the specific companies do not own and trademarks. I guess that is the reference frame. How it made it past the name registration of other instances is what would make this case confusing.
I remember tv-series using real life names of actors as references to other series or films. If the naming laws get relaxed too much, there will be no suing Lucy Skywalker, Michael Mouse and Carl Kent. In the end personal names would drop out of the franchises controls and that would be a dangerous slip. What about Badman, Zuperman and Zpiderman?
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Re: Re: Mercedes?
There shouldn't be any suing of them at all just for having those names. If they can be shown to be deliberately leveraging the name to confuse or mislead consumers, then they could be sued for that. But if a guy called Peter Parker happens to star in a TV show where they refer to the cast by their real names, I don't think there should be a copyright issue, unless perhaps the show is a clear rip-off of Spiderman. A show about a reporter who dresses up at night and swings through buildings to stop crime at night? Maybe. A show, say, about a neurotic father trying to deal with his teenage daughter's pregnancy, with no relationship to Marvel other than the actor's name? Not so much.
Not that someone won't try to make it a copyright issue, but IMHO it really shouldn't apply.
"What about Badman, Zuperman and Zpiderman?"
What about this guy?
http://www.bbc.com/news/magazine-24911186
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Re: Re: Re: Mercedes?
Peter Parker was chairman of British Rail in the 1970's. He was born in 1924 and was already well known before the fictional series appeared. He should have sued them.
(Both Peter and Parker are common names there really cannot be an issue.)
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Re: Mercedes?
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But They could!
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Another sad passing...
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Not Disney
http://www.skywalker.com/
(On the other hand if it is Disney that the passport office is thinking of then the existence of theis company proves that their fears are groundless!)
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Re: Not Disney
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Divestiture
Disney is way, way too big. I think it's about time that Disney got broken up like AT&T did back in the day.
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Re: Divestiture
Actually the fear of Disney blocks people from getting passports. Disney didn't actually do anything in this case. I'm not sure if that makes it better or worse.
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Re:
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That's an interesting assertion
So...everyone named Guinness, Kraft, Budweiser, Busch, Chevrolet, Ford, Pontiac, Chrysler, Kroger, Levi, Coors, Samsung, Nokia, DuPont, Johnson, Smith, McDonalds, Apple, Hewlett, Packard, Nordstrom, Sears, Cisco, Nike, Adidas, Nestle, Canon, Hennessy, Lincoln, Bosch, Colgate [etc.] is screwed?
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Re: That's an interesting assertion
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Re: That's an interesting assertion
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Here's the problem...
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She should sue.
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There
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Re: There
Yes, there are, and in the USA.
It is an uncommon surname but it does exist, I checked.
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She's a terrorist
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The next step from here is literally thoughtcrime; if someone is even thinking of someone else's IP without permission.
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should home office get in trouble?
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Seen the Taco Bell ad?
And that's legal...
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Re: Seen the Taco Bell ad?
Taco Bell doesn't sell Mexican food, but even ignoring that -- it couldn't be any worse to buy it from McDonald's than from Taco Bell.
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Skywalker is a First Nations (Native American) name
I'm sure they were named Skywalker long before George Lucas was born.
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Re: Skywalker is a First Nations (Native American) name
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At least she's not called Hercules or Pocahontas
Hercules is an Ancient Greek God. Pocahontas was a historical native American.
What gives Disney this right? (you know the answer already: Money)
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Re: At least she's not called Hercules or Pocahontas
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Re: At least she's not called Hercules or Pocahontas
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the real reason for denial
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Re:
No, we don't know that, at least not from the information in this article.
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lel
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RE: George Lucas's property?
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Am I the only one getting a bit of a laugh now? Isn't it still funny?
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Passport
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