Nearly three months after a small Minnesota outdoor outfitter filed a lawsuit against Hollywood giant Lucasfilm over the use of one of its backpacks in the recent “Indiana Jones” movie, the production company has requested a judge dismiss the complaint.
In July, Duluth-based Frost River filed a complaint with the U.S. District Court for California’s Northern District claiming that its bag was displayed prominently in a marketing campaign for “Indiana Jones and the Dial of Destiny” produced in partnership with Filson, one of the bag maker’s competitors.
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Frost River also claimed the bag appears in several scenes in the movie, but Lucasfilm never asked permission and also removed the brand’s insignia from the bag. The lawsuit accused Lucasfilm of trademark infringement for violating the Lanham Act, and sought $75,000 in damages.
Lucasfilm and Filson filed a motion to dismiss the case, saying the Frost River bag was only shown in the marketing campaign ad for a fraction of a second. The document also argued that Frost River distorted the commercial to overemphasize the presence of its bag.
In response, Frost River filed an opposition to the motion to dismiss, re-emphasizing its stance that Filson was passing off Frost River’s bag as its own in the promotional video while also re-iterating the complaint that Lucasfilm never sought permission to use the bag.
Frost River claimed its Geologist Pack appears in multiple scenes in the film, including a 12-minute sequence set in Sicily. The knapsack, which retails for $250, is made from leather, waxed canvas and brass hardware.
A judge is expected to weigh in on the lawsuits during a hearing to be held on October 26.
