A trademark trial over 'Back to the Future' merchandise is being faced by NBCUniversal.
On Thursday, a federal court in California ruled against NBCUniversal in its bid to invalidate a trademark lawsuit over the use of the DeLorean car from "Back to the Future" on merchandise and promotional materials.
U.S. District Judge David Carter ruled that DeLorean Motor Co. lacked standing to claim that NBCU broke its 1989 contract with the carmaker, despite NBCU failing to convince Carter that it did not infringe on DeLorean's trademarks, paving the way for a trial on the trademark claims.
Foley Bezek Behle & Curtis attorney Roger Behle stated that DeLorean was eager to proceed with trial. NBCU declined to provide a comment on the matter.
The iconic DeLorean DMC-12 sports car was famously used as a time machine in the successful "Back to the Future" film series. As per the lawsuit, Universal and Amblin Entertainment struck a deal with DeLorean manufacturer John DeLorean, granting them permission to use DeLorean trademarks for "merchandising and commercial tie-ups" in exchange for 5% of the revenue.
In 1982, the DeLorean Motor Co went bankrupt. In 1997, Stephen Wynne, a Houston, Texas-based car restorer, bought DeLorean's assets.
In 2020, NBCU started paying royalties to Wynne's company, DeLorean Motor Co, after resolving legal conflicts with the estate of John DeLorean.
In 2022, NBCU was sued by Wynne's company for not paying the full amount of royalties due under the agreement. The lawsuit cited examples such as the DeLorean's presence in "Ready Player One," its use at Universal Studios theme parks, and its inclusion on merchandise like toys, posters, and lunch boxes.
On Thursday, Carter stated that Wynne's company could not sue NBCU for breach of contract because DeLorean's estate did not transfer the agreement to the company. However, the judge added that the company might be able to prove at trial that NBCU caused consumer confusion and violated its trademarks.
owns NBCUniversal, the parent company of CNBC.
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