ORLANDO (CN) - A California cutlery company that sells replicas of knives featured in the "Rambo" movies must face claims that it owes licensing fees, a federal judge ruled.
Hollywood Collectibles Group LLC said it received its license to manufacture such replicas from the owners of the federally registered "Rambo" trademark: Studio Canal Images S.A., Lionsgate Inc. and Nu Image Inc.
Master Cutlery allegedly received a sublicense from Hollywood Collectibles to do the same. When the fourth installment of the "Rambo" franchise was released in 2008, Hollywood Collectibles obtained a license to manufacture and sell replica knives from that movie and granted a corresponding sublicense to Master Cutlery.
The sublicenses expired in 2010 but the parties kept operating under the old agreements until Hollywood Collectibles formally terminated the licenses in 2012.
Despite that termination, however, Master Cutlery allegedly continued to make and sell the knives.
Hollywood Collectibles sued Master Cutlery in Orlando for breach of contract, false designation of origin, infringement, trespass to chattels, unfair competition, unjust enrichment,
Master Cutlery sought dismissal or transfer of the case to a venue that it claimed would be more convenient for employees and witnesses.
U.S. District Judge Gregory Presnell sided mostly with Hollywood Collectibles Thursday, dismissing only the claim for infringement under the Lanham Act.
"As a non-exclusive licensee, Hollywood Collectibles lacks standing to pursue a trademark infringement claim," Presnell wrote.
Master Cutlery failed, however, to win dismissal of the other claims or transfer of the case to California.
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