Fashion Law Blog write….A teen drama film starring Yara Shahidi and Charles Melton is at the center of a new lawsuit filed by an Australian motorcycle brand, which is accusing Metro-Goldwyn-Mayer (“MGM”) and Warner Bros. Entertainment of running afoul of federal trademark law. In a newly-initiated lawsuit, Deus Ex Machina (“DEM”) claims that the Hollywood film studios included a jacket bearing the words “Deus Ex Machina” on the back in the 2019 film “The Sun Is Also a Star” – and trailer – without licensing the federally-registered mark.
According to its complaint, which was filed in a federal court in California on May 29, DEM alleges that in “The Sun Is Also a Star” film and trailer, which were “jointly produced, marketed, distributed and released” by MGM and Warner Bros., Shahidi wears “a blue and rustic gold bomber jacket with the words ‘DEUS EX MACHINA’ inscribed in the back in large letters.”
DEM claims that MGM and Warner Bros.’s use of its trademark, which translates to “god from the machine,” amounts to infringement, as the use of an “inferior infringing product” is likely to confuse consumers into believing that it is in some way affiliated with or has endorsed the jacket (and potentially, its use in the film) when it has not done so.
More than that, DEM asserts that it “has spent almost 14 years creating a very specific brand image and reputation” as the “maker of custom motorcycle parts and hand-built motorcycles” and as a purveyor of “quality in stylish streetwear in a broad range of global markets,” from Australia to California, where it maintains a retail outpost, and that reputation is at odds with “The Sun Is Also a Star.”
More at
An Australian Motorcycle Co. is Suing Warner Bros, MGM Over a Bomber Jacket Used in “Flop” Film
