There has been relatively sparse reporting since last week on the legal dispute over the trademark and copyright of the Stormtrooper helmet and other helmets and armor produced for Star Wars: A New Hope. This legal battle, transplanted now from the United States to the UK, is between George Lucas and his Lucasfilm production company and Andrew Ainsworth and his Shepperton Design Studios. I thought I would monitor the news and post short updates as I come across them.
Prior Original Prop Blog articles related to these developments can be found here:
Today, there is a nice article on CNN’s “Business Blog” by CNN Correspondent, Jim Boulden:
The Empire Strikes Back
After reading his report, my first thought is, “where are the photos?”. I would love to have a sense of what the courtroom looks like, with all the replica and authentic props on display and under discussion.
Also funny is reading the report sounds akin to some of the nitpicky discussions on the RPF over such things…
…but as the opening statements included references to tusken raiders, storm troopers, even characters some of my favourite cartoons, I knew this was going to be different. And if I was a real “Star Wars” fanatic, I would see this as a once in a lifetime opportunity. After all, the Lucas side was flying in three Academy Awarding winning production designers to testify. The two sides even spent 10 minutes on the first day debating with the judge about how many breathing holes can be seen in the first drawings of helmets. After the judge left at the end of the first day, there was then a spat over which helmets should be labeled and displayed for the judge. The issue being the shape of a mohawk on the back of one helmet that I don’t even remember from the films.
Very interesting.
Another excerpt from the article frames the positions of the two sides:
Lucasfilm accuses him of violating its copyright. Its lawyer said in his opening argument that Ainsworth manufactured the helmets based on detailed drawings and paintings sent to him through a costume designer. Ainsworth says he made sufficient and unique changes to the original design so that he should own the copyright.
The Lucasfilm barrister made the point that all these bits in front of him were more than movie props. “There are no helmets, there is no armour.” His point: this was intellectual property.
Mr. Boulden reports that Mr. Ainsworth’s legal team are contracted under a “no-win-no-fee” basis, so they must feel there is some merit in his case. In any event, a very interesting case that I will pay close attention to as it plays out.
Jason De Bord