STAR WARS : The Trilogy

The Supreme Court has recently ruled in the long running and third instalment of the case between Lucasfilm and Andrew Ainsworth. Mr Ainsworth was engaged by Lucasfilm to make the Storm Trooper helmets from designs created by Lucasfilm. In 2004, some 25 years after the first Star Wars film, Mr Ainsworth marketed and sold Storm Trooper models including in the United States. Lucasfilm sued Mr Ainsworth in the United States and obtained judgment against him in California for $10m.

It may be surprising to some that the model helmets created by Mr Ainsworth were not infringements of Lucasfilm's copyright within the terms of English Law despite his admitted copying of the Lucasfilm designs and drawings. The reason for this was that it was held by the Supreme Court that the helmets were not a "sculpture" and therefore not an artistic work which can be protected in English Law.

The series of judgments and the final outcome indicate the complexity of the law in this area and that principles are technical rather than based simply on what one might call common sense.

One of the most important outcomes of the case is on a different topic, that of jurisdiction. What the Supreme Court did decide in favour of Lucasfilm was that the copyright infringement that had occurred by selling the helmets in the United States can now be pursued in the English Courts. The consequences could be far reaching: a trader of goods may have to think very carefully whether those goods breach copyright or other intellectual property rules in each and every state into which their goods are sold. Will the Empire's tentacles now reach to every corner of the globe?

If you business has any I.P. issues contact Nick Crook or David Dees on 01908 662277 or nick.crook@healdlaw.com or david.dees@healdlaw.com

Filed: 13/09/2011 10:09:20