Stormtroopers go to Court

Oni Koneko Damien · Post by **Oni Koneko Damien** » 2008-04-09 01:58am

The most important story of the century!

AP wrote:Lucas Sues Brit Over 'Star Wars' Outfits
Tuesday April 8 1:46 PM ET

It's a storm in a Stormtrooper's helmet.

Lawyers for George Lucas' Lucasfilm Ltd. and a British prop designer faced off in London's High Court Tuesday over rights to the molded white Stormtrooper uniforms from the "Star Wars" films.

Standing alongside the bewigged, black-robed lawyers in court was the object of their dispute a 6-foot tall, helmeted warrior of the evil Galactic Empire. Lucasfilm attorney Michael Bloch called the menacing figure "one of the most iconic images in modern culture."

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Lucasfilm claims violation of copyright and trademarks by prop designer Andrew Ainsworth, who sculpted the Stormtrooper helmets for the first "Star Wars" movie in 1977. London-based Ainsworth sells replicas of the helmets and armor, which he says are made from the original molds, on his Web site.

Lucasfilm won a $20 million judgment against Ainsworth in a California court in 2006, and is seeking to have it enforced in Britain.

Ainsworth is countersuing, claiming the copyright rests with him and seeking a share of merchandising revenue from the six "Star Wars" films, which his lawyers estimate at $24 billion.

Lucasfilm and its lawyers claim the design of the Stormtroopers was created by Lucas and his artistic team, and was already in place by the time Ainsworth was hired to create the helmets.

"The look to be created had been worked on by a large team of people for perhaps more than a year," Bloch said at the start of the 10-day hearing.

Any extra security the Stormtroopers might provide wasn't sitting well with Judge Anthony Mann, who cast a glance at the silent props standing beside him.

"Are they going to stay there for the entire trial?" he asked.

Of course this is all a part of Emperor Lucas' secret plot to have Stormtroopers installed as 'security' in every courtroom in the world, and then send them all a simultanious order to execute every legal entity in the world, catapulting him to world domination.

Sidewinder · Post by **Sidewinder** » 2008-04-09 02:48am

I wonder what kind of evidence Lucas and Bloch will present? Dated designs or blueprints? (I think Lucas has the advantage, e.g., he can ask Ralph McQuarrie to testify when the stormtrooper armor was designed.)

Vohu Manah · Post by **Vohu Manah** » 2008-04-09 11:26am

Actually this seems like a pretty straight forward matter and Lucas will probably win. I don't see why this is news other than Bloch hoping a British court will side with him.

CmdrWilkens · Post by **CmdrWilkens** » 2008-04-09 05:16pm

Vohu Manah wrote:Actually this seems like a pretty straight forward matter and Lucas will probably win. I don't see why this is news other than Bloch hoping a British court will side with him.

Especially given that Lucasfilm already won in the US and are only seeking to extend the ruling to cover the UK as well. While the court systems are different it would be rather difficult as a finding of fact for the rulings to be different so the only way for Bloch to win would be if the copyright law covering this is so noticeably different as to change the nature of the dispute. While I don't doubt differences I just can't see the law being that different.

Vohu Manah · Post by **Vohu Manah** » 2008-04-09 05:47pm

CmdrWilkens wrote:Especially given that Lucasfilm already won in the US and are only seeking to extend the ruling to cover the UK as well. While the court systems are different it would be rather difficult as a finding of fact for the rulings to be different so the only way for Bloch to win would be if the copyright law covering this is so noticeably different as to change the nature of the dispute. While I don't doubt differences I just can't see the law being that different.

Seeing as how both the US and UK are signatories to the Bern Convention on copyright I don't see how Lucas couldn't win.

tim31 · Post by **tim31** » 2008-04-09 05:51pm

A friend of mine who is working in London spent the weekend at Brighton. While walking along them beach she spotted two stormtroopers walking the other way and after a brief conversation, has them point their blastechs at her while someone else took a picture. Just for me

Keevan_Colton · Post by **Keevan_Colton** » 2008-04-09 05:52pm

Vohu Manah wrote:
CmdrWilkens wrote:Especially given that Lucasfilm already won in the US and are only seeking to extend the ruling to cover the UK as well. While the court systems are different it would be rather difficult as a finding of fact for the rulings to be different so the only way for Bloch to win would be if the copyright law covering this is so noticeably different as to change the nature of the dispute. While I don't doubt differences I just can't see the law being that different.
Seeing as how both the US and UK are signatories to the Bern Convention on copyright I don't see how Lucas couldn't win.

I can see it getting a lot murkier than you might hink, one point of particular note is that he apparently owns the original mould...that is a pretty big factor in legal terms here. If he's making these castings from the mould which he owns, then it's not a matter of copyright as such...it's an issue of merchandising, which comes under trademarks, which are a totally different legal kettle of fish...if he owns the original mould, then barring a contract with Lucas about it, he can keep on using it all he wants since it is the original source...

Then of course there's the concept art...and arguments over derivative works and so on...but a physical object and an artists sketch are rather different again...

It isnt exactly cut and dry from a UK legal standpoint...it depends an awful lot on fine details that arent in the article there.

Vohu Manah · Post by **Vohu Manah** » 2008-04-09 09:41pm

Keevan_Colton wrote:I can see it getting a lot murkier than you might hink, one point of particular note is that he apparently owns the original mould...that is a pretty big factor in legal terms here. If he's making these castings from the mould which he owns, then it's not a matter of copyright as such...it's an issue of merchandising, which comes under trademarks, which are a totally different legal kettle of fish...if he owns the original mould, then barring a contract with Lucas about it, he can keep on using it all he wants since it is the original source...

Then of course there's the concept art...and arguments over derivative works and so on...but a physical object and an artists sketch are rather different again...

It isnt exactly cut and dry from a UK legal standpoint...it depends an awful lot on fine details that arent in the article there.

I find it hard to believe there isn't (or wasn't) a contract, but you are correct and that this article doesn't provide a lot of information. If this was a "work-for-hire" I don't see how the possession of the original moulds is a factor nor do I believe Lucas would have left any room for a copyright or trademark claim by this person. Trademark issue or copyright issue, if this was a "work-for-hire" this guy has no absolutely claim.

Post by **Darth Wong** » 2008-04-09 10:53pm

I don't see how ownership of the mould makes any difference. The tooling is part of the manufacturing process of the trademarked item, but even if you own the tooling, you don't necessarily have the right to make parts and sell them.

Kurgan · Post by **Kurgan** » 2008-04-09 11:59pm

News and politics? Never thought to check here...

Maybe when a thread is locked (for "already posted"), a redirect to the forum where it was first posted could be put up in said thread? That'd save some time (just a thought).

Okay, yeah, wow (reads).