Lucasfilm Loses to Stormtrooper in U.K.

The Court of Appeal for England and Wales has ruled against Lucasfilm in its breach of copyright suit against Andrew Ainsworth, the British designer who produced the Stormtrooper costume for the Star Wars films. (Lucasfilm Limited et al. v. Andrew Ainsworth [2009] EWCA Civ 1328)

Ainsworth had been selling a few Stormtrooper helmets both in the U.S. and in Britain. Lucasfilm claimed that the models for the helmet were copyright works as “sculptures” within the meaning of s.4 of the Copyright Designs and Patents Act 1988. After a long review of the legislative history and the caselaw, the court decided that they were not.

It was accepted by all that Ainsworth had breached U.S. copyright law by selling the helmets in that country, and as part of the action against him in England, Lucasfilm was seeking to have the U.S law of directly enforced against Anisworth and as well sought, in the alternative, enforcement of the judgment for the U.S. breach. Again, after a lengthy analysis, the court rejected that plea.

In addressing the U.S. judgment, the court said, interestingly:

Lucasfilm has obtained a default judgment for trade mark and copyright infringement in California against him in the sum of US$20m. That sum sounds strange to English ears given that he only sold about $US14,500 worth. No less than $10m of the $20m is “compensatory damages” by US law. Lucasfilm claims that the English court should recognise and enforce the judgment to the extent of the $10m. “compensatory” element. Perhaps not wanting to seem oppressive, it only seeks to enforce its US judgment to that extent that if it cannot succeed on its claim to enforce its US copyrights directly in the English courts