Understanding Trademarks: Why Lucasfilm Owns 'Droid'

The concept of a trademark is distinct from that of a copyright or a patent, each serving a unique purpose in the realm of intellectual property. A trademark, for instance, is a symbol, word, or phrase used to identify the company or product in a trading environment. This guide explains why Lucasfilm can own the term 'droid,' highlighting the principles behind trademark law and its role in protecting consumers.

Trademarks vs. Copyrights and Patents

To start, it's important to understand the differences between trademarks, copyrights, and patents. A copyright exists in new original creative works, such as novels, films, and music. A patent protects new inventions and discoveries. In contrast, a trademark is something that identifies the company or their products in a trading environment. It only applies in that environment and in most countries, it applies where the use of it by somebody else could cause confusion or appear to be "passing off."

Don't Invent, Just Use

One does not need to invent a word to own it as a trademark. For example, Apple Inc. didn't invent the word "apple," John Deere Co. wasn't the first to use the name "John Deere," and McDonald's wasn't the first to use the phrase "I'm lovin' it." However, what matters is that no one else is already using it as a trademark for a competitive product, so that consumers do not confuse them due to branding similarity.

Lucasfilm's Usage of 'Droid'

Lucasfilm did invent the term "droid" as a shortening of "android." However, it is important to note that almost all new words are created by altering existing words or word structures in new ways. In fact, prior to Star Wars, "android" did not mean "mechanical;" it meant "artificial." Terms like "android" and "robot" were used to describe whether something appeared to be human. Lucasfilm, in 1977, was being novel by using "droid" to denote robots that did not appear human but behaved like them.

Role of Trademarks in Consumer Protection

Trademarks are designed to prevent consumer confusion. They protect the public from assuming the products have a relationship they do not. Unlike copyrights and patents, trademarks are not intended only to protect the inventor or first discoverer of something. Instead, they exist to protect the public from confusion between products. This principle is crucial because a business can use a term that was not invented by them, as long as no one else is using it for a competitive product.

Lucasfilm's 'Droid' Trademark

When Lucasfilm used the term "droid," it became synonymous with Star Wars. The term "droid" has its own meaning, referring to Star Wars robots, which are not necessarily anthropomorphic. If someone were to use the term "droid" on their product, consumers would assume permission from Disney due to the strong association with the brand. If a person cosplays as a Star Wars droid, they might face legal repercussions due to trademark infringement.

Conclusion: Trademarks are meant to prevent consumer confusion and protect public interest. The term "droid" is owned by Lucasfilm due to its widespread association with Star Wars, despite not being an original invention. Trademarks exist to ensure that consumers are not misled about the source of products and to maintain the integrity of brands.