Further to this article from April, about Lucasfilm‘s suit against Andrew Ainsworth of Shepperton Design Studios over copyright infringement for Ainsworth’s sale of Star Wars storm trooper outfits, there is now a ruling. High Court judge anthony Mann has issued what is basically a split decision: he ruled that Ainsworth did violate Lucasfilm’s US copyrights by selling the helmets to customers in the US. However, he also ruled that, in Britain, the English copyrights had expired. Further, Mann refused to enforce an earlier California judgment against Ainsworth ($20 million), finding that Ainsworth’s sales in the US, which totaled less than $60,000, were not significant enough for US jurisdiction.
Ainsworth’s attorney, Seamus Andrew—of litigation boutique SimmonsCooperAndrew—said the ruling means Ainsworth can sell the helmets anywhere but in the US. He also told thelawyer.com “This ruling means that it’s now harder for film companies to prevent their prop designers from making money out of their own products. It makes it harder for the film companies to tie up the IP so loosens up the industry.” He is considering an appeal of the US verdict.
Lucasfilm lawyers Harbottle & Lewis are currently considering whether to appeal the copyright findings. Harbottle partner Mark Owen said this was an important decision for Lucasfilm as the Court found that Ainsworth was not the creator of the Stormtrooper outfits. “The English Court can and did find that he was infringing our client’s US copyrights,” he said. “Lucasfilm is pleased to have proved that despite [Ainsworth’s] arguments to the contrary, [Lucasfilm] does have strong and enforceable IP rights in these iconic works.”