NBCUniversal Loses Bid to Defeat DeLorean Trademark Lawsuit Over 'Back to the Future' Merchandise

NBCUniversal suffered a legal blow in a trademark lawsuit related to its use of the iconic DeLorean from "Back to the Future" on merchandise and tie-ins for the film series. The California federal court ruling against NBCUniversal set the stage for a trial on the trademark claims.

Legal Battle Unfolds

In the courtroom, U.S. District Judge David Carter sided against NBCUniversal's arguments that it did not violate DeLorean Motor Co's trademarks. The ruling opened the door for a trial to address the trademark claims. However, Judge Carter also ruled that DeLorean Motor Co lacked standing to assert that NBCUniversal breached its 1989 contract with the carmaker.

Looking ahead, DeLorean's legal counsel, Roger Behle of Foley Bezek Behle & Curtis, expressed the company's anticipation for the upcoming trial. On the other hand, representatives for NBCUniversal did not provide an immediate response when asked for comment on the court's decision.

Background and Agreements

The DeLorean DMC-12 sports car, renowned for its role as the time machine in the "Back to the Future" series, was the focal point of the agreements in question. Universal and Amblin Entertainment had previously entered into an agreement with DeLorean maker John DeLorean. This contract permitted the use of DeLorean trademarks for "merchandising and commercial tie-ups" in exchange for 5% of the revenue.

However, matters are complicated by the bankruptcy of the original DeLorean Motor Co in 1982. Subsequently, car restorer Stephen Wynne, based in Houston, Texas, acquired DeLorean's assets in 1997.

Legal Disputes and Lawsuit

NBCUniversal began paying royalties to Wynne's company, also known as DeLorean Motor Co, in 2020 after legal conflicts with John DeLorean's estate. However, in 2022, Wynne's company filed a lawsuit against NBCUniversal, alleging that the media giant had not fully paid the owed royalties under the agreement. The lawsuit referenced various tie-ins, such as the appearance of the DeLorean in the film "Ready Player One," at Universal Studios theme parks, and on merchandise like toys, posters, and lunch boxes.

Judge Carter's Verdict and Comcast's Ownership

On Thursday, Judge Carter specified that Wynne's company could not sue NBCUniversal for breaching the 1989 agreement as the contract was not transferred from DeLorean's estate to the company. Nonetheless, the judge also indicated that the company might be able to demonstrate at the trial that NBCUniversal caused consumer confusion and infringed its trademarks..