Passport denied because of Star Wars name
A peculiar case in the UK: a passport application of a seven-year-old boy was recently denied by the British authorities due to the boy’s middle name, ‘Skywalker’.
The reasoning for the denial: without Disney’s permission, this could potentially be a violation of trademark and copyright laws.
Christian and Becky Mowbray decided to name their son Loki Skywalker because he was born on May 4th—a day celebrated by fans as Star Wars Day. In the English rendering of this date, "May the Fourth," the famous line “May the Force be with you” is hidden.
The boy's father understood the concerns raised but pointed out that giving a name at birth is different from adults choosing a name to attract attention or for commercial gain.
When the case reached the media, the British authorities quickly reversed their decision. The passport was granted and the Mowbray family was finally able to plan their vacation. Rightfully so, in our opinion, as a personal name is obviously not a commercial expression. Besides, such a ruling would imply that the British authorities would need to conduct a trademark clearance search for every given name. Also a copyright on a name is quite rare. Especially with a name such as Skywalker, clever but not a linguistic novelty, copyright would be unlikely. The initial ruling seems to be the result of an overly diligent civil servant.
Author: Ellen Gevers
Bio: Ellen is a trademark attorney and managing partner at Knijff, and a welcome speaker and writer in the world of IP. Ellen has spoken at conferences organized by ECTA, INTA, MARQUES and BMM, and her articles are published in the BMM and INTA Bulletin. Ellen is involved as a teacher and board member in the educational program for Benelux Trademark and Design Attorneys (BMM) and paralegals. Next to that, Ellen is involved in the weekly publication of the INTA Bulletin. It’s safe to say Ellen knows what she’s talking about.