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Lucasfilm Sued in Trademark Dispute Over Backpack in ‘Indiana Jones and the Dial of Destiny’
(www.hollywoodreporter.com)
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Making sure I understand...
They used Frost River backpacks in the movie, then did a co-branding campaign with Filson to sell look-a-likes.
Not sure enough people are going to buy a backpack seen in a movie to make any sort of difference...
I don't think you have to prove loss sales for trademark disputes. Just a likelihood of confusion. And from the article:
I think they might actually have a case. Use of one of their bags used in a lookalike competitors marketing campaign without clearly showing that it's theirs is probably infringement.
Lack of sales might be an argument to be made if we get to damages but I think this will probably be settled out of court for a nondisclosured amount. It'll probably be cheaper for both parties that way.