Intellectual Property Law

Text of Decision In Lucasfilms v Ainsworth (Stormtrooper Copyright)

By Marty Schwimmer

Lucasfilm Ltd v Ainsworth [2008] EWHC 1878 (ch) (31 July 2008):

This is a case about the reproduction of replicas of various props used in the first Star Wars film. The Star Wars films are a series of science fiction films set at some different time and in another part of the Universe, and which feature the struggle between good and evil. They contain a heavy militaristic element, and that in turn requires uniforms. This case concerns the production of uniforms for the first of the films in the series, which is known as "Star Wars IV ? A New Hope" and which was first shown in 1977. It bears the number IV, even though it was the first in the series to be produced, so as to leave room for expansion backwards in time, as it were, or "prequels". I shall simply call it "Star Wars", or "the film". The second claimant was the English production company for the film; all the claimant companies are, taken together, the producing or licensing companies, and it is accepted that between them they have the necessary rights (if anyone has) to bring the claims made in this action.

Full post as published by Trademark Blog on August 04, 2008 (boomark / email).