The Guardian reports that the Lucasfilm lawsuit against Andrew Ainsworth over the Stormtrooper armor trademark and copyright dispute moves to UK courts tomorrow.
As referenced in a prior OPB article (see “Raiders of the Lost Ark “God of Light” Prop Wall Plaque – Update“), open and notorious unlicensed manufacture and sale of Lucasfilm property resulted in the intial lawsuit brought by Lucasfilm against Shepperton Design Studio (the company Ainsworth is selling unlicensed replicas through), in which courts in the United States ruled in the favor of the George Lucas company (see Lucasfilm Press Room), awarding $20 million dollars in damages:
Lucasfilm Ltd. Wins Major Copyright Infringement Lawsuit Against Star Wars Stormtrooper Pirate
October 11, 2006U.S. District Court Awards $20 Million for Illegal Creation and Sales of Unauthorized Star Wars Products
SAN FRANCISCO, Calif. — The U.S. District Court for the Central District of California has awarded Lucasfilm Ltd. $20 million in damages in a copyright infringement and unfair competition case against the British firm Shepperton Design Studios and its owner, Andrew Ainsworth.The court found that Shepperton Design Studios had been marketing unlicensed copies of Stormtrooper helmets and costumes, and TIE fighter pilot helmets from the Star Wars films, as well as making misleading claims about the authenticity and origins of these items.
The Judgment, by U.S. District Judge R. Gary Klausner, awards damages to Lucasfilm Ltd. for copyright infringement, unfair competition and trademark infringement and permanently bars Shepperton Design Studios from copying, reproducing, importing, licensing, marketing or displaying any of its unauthorized Star Wars products in the United States. Lucasfilm is also pursuing legal action against Shepperton in the U.K., where the company is based, to ensure that the judgment is enforced there.
“Lucasfilm vigorously protects its intellectual property rights in Star Wars,” said Howard Roffman, President of Lucas Licensing. “Infringers like Shepperton need to understand that we will pursue them anywhere in the world to shut them down and seek restitution.”
Roffman noted that many Star Wars fans around the world produce replicas of Star Wars costumes for their own personal use and enjoyment, an activity to which Lucasfilm Ltd. has no objection. One such group, the “501st Legion” of stormtroopers, is a global organization that has often worked with Lucasfilm and its partners. “We appreciate that Star Wars has sparked the imaginations of fans around the world,” he said. “We would never want to discourage fans from showcasing their enthusiasm for the movies. However, anyone who tries to profit from using our copyrights and trademarks without authorization crosses the line; they become an infringer and we will go after them.”
Per the Guardian story, the legal battle continues in that the high court of London must enforce the order of the California court, since Ainsworth is a British citizen and resident of the UK.
Click HERE for the original story at guardian.co.uk:
Court to rule in Star Wars costume battle
Sarah Knapton
Monday April 7, 2008
The Guardian
They were Darth Vader’s feared henchmen and some of the most recognisable figures in cinematic history. Now the imperial stormtroopers of the Star Wars films are at the centre of a new epic battle.
The British prop designer who created their famous white helmets and body armour is being sued by director George Lucas for £10m in a case starting at the high court tomorrow. Andrew Ainsworth was sued by the director’s company, Lucasfilm, after reproducing the outfits from the original moulds and selling them for up to £1,800 each .
Ainsworth is countersuing Lucasfilm for a share of the £6bn merchandising revenue generated since the first film in the series premiered in 1977. The row centres on who actually owns the copyright to the stormtrooper uniforms.
Ainswoth said: “As far as I am concerned I am the original maker and I’m using the original moulds.”
The prop designer was recruited to design the outfits in 1976 and sold the firsts 50 helmets to Lucas for £35 each. But in 2004 he discovered one of the original helmets in a cupboard in his home in Twickenham, south-west London and began to manufacture the uniforms.
A message on his website said: “Now’s your chance to own your own piece of movie history.”
A California court has already ruled in favour of Lucas who was awarded £10m in damages. But because Ainsworth lives in Britain Lucas needs the high court in London to enforce the order.
A spokesman for Lucas Licensing said: “We would never want to discourage fans from showcasing their enthusiasm for the movies. However, anyone who tried to profit from using our copyrights and trademarks without authorisation … we will go after them.”
Judging from his website, it appears than Andrew Ainsworth continues to sell his unlicensed replicas on his Shepperton Design Studios website, sdsprops.com (LINK). The main page has a message stating:
Allocation of supply restricts orders accepted from the USA until April 2008
The product line also includes a large number of designs and character type helmets:
High Resolution Archive: Andrew Ainsworth Shepperton Design Studios Product Line
The words “Star Wars” do not appear on the SDS website, and many of the trademark names are not employed (i.e. “Stormtrooper” is “Trooper” and “X-Wing Pilot” is “Rebel Pilot Hero”). Also, certain design elements/decals are not present on some of the helmets.
Jason De Bord