• by Ray Schultz , November 6, 2022

UFO Magazine Inc. has lost a second bid to have Showtime Network, Inc.’s UFO series declared a violation of its trademark under the Lanham Act. 

Showtime’s use of the title “UFO” is “protected by the First Amendment,” wrote U.S. Senior District Judge Nancy D. Freudenthal.

The magazine filed an amended complaint after the court dismissed its original filing. But Freudenthal has granted Showtime’s motion to dismiss. 

For one thing, UFO magazine has not made a movie or TV series despite being in discussions for many years, Freudenthal notes. Thus, the two users of the mark are not offering the same kinds of goods or services, a consideration in such a case. 

Moreover, Freudenthal determined that while the products offered by both sides “undoubtedly explore[] historical, cultural, and political aspects of unidentified flying objects,’ including many of the same historical accounts and theories, the differences are substantial.” 

In addition, Freudenthal wrote that  “the title ‘UFO’ has at least minimal artistic relevance to the underlying work” and that it “did not explicitly mislead as to the source or content of the work.”

UFO magazine had also contended that Showtime’s public advertising suggests “a non-artistic financial motive,” but Freudenthal dismissed that as well.  

“Financial motives do not render expression non-artistic,” Freudenthal continued.

The judge also noted that “the term UFO, an acronym for unidentified flying object, entered the English language in the early 1950s and has been used approximately 70 years to refer to “flying saucers” and “any unexplained object[s] moving in the sky, especially one[s] assumed by some observers to be of extraterrestrial origin.” 

It was not known at deadline if UFO magazine will appeal this ruling that gave victory to a larger media organization. 

The case is on file with the U.S. District Court for the District of Wyoming.