King Patent and Business Law, PLLC

Trademark Tales of Terror: Evil Dead – Not Just a Reference to Failed Trademarks

In this episode, we’re going to plunge into the eerie and tumultuous world of trademark lawsuits surrounding the iconic “Evil Dead” film franchise.

Join us as we navigate the macabre terrain of legal battles and the undead. “Evil Dead,” the brainchild of director Sam Raimi, first graced the horror genre in 1981. The tale of a cursed book, demonic forces, and a chainsaw wielding hero, Ash Williams, became a cult classic and established the franchise’s dark legacy.

But beyond the screams and gore, the “Evil Dead” series has also seen its fair share of legal turmoil. One of the most notable trademark lawsuits One of the most notable trademark lawsuits regarding the film series occurred in 2018 when Renaissance Pictures, the production company behind the franchise, filed a lawsuit against Award Pictures Incorporated. Award Pictures had released a film titled “Evil Dead,” claiming that it was a public domain movie unrelated to the original franchise.

Renaissance Pictures vehemently disagreed, arguing that the title and marketing of the film misled consumers into thinking it was a legitimate “Evil Dead” installment. Renaissance Pictures also needed to take action against this film name because one of the things you have to do when you have a trademark is police it, which means that you have to take action to stop infringement by other parties.

And if you don’t, you can actually start to lose some of your rights. This lawsuit was a fierce battle between the two parties, with Renaissance Pictures seeking to protect the “Evil Dead” trademark and maintain its rights over the franchise. In the end, the court ruled in favor of Renaissance Pictures, emphasizing the potential confusion among consumers and the potential harm to the established franchise.

The “Evil Dead” trademark lawsuit serves as a reminder that the world of intellectual property is not immune to the forces of darkness. The franchise’s enduring popularity has made it a target for those looking to capitalize on its name.

In the end, the chainsaw wielding spirit of Ash Williams, along with the legal guardians of the “Evil Dead” franchise, continue to fight against those who seek to exploit its legacy.

If you’d like me to do an episode on any other horror-related trademarks, send me a suggestion and I’ll see if I can concoct a twisted tale for you.

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Julie King

Julie is the founding attorney at King Patent and Business Law. She has been practicing law for over 20 years, is a licensed patent attorney, and has state licenses in Illinois and Georgia.

October 31, 2023

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