Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 24, Issue 8
Share on Social
Happy Star Wars Day!
By Kristyn Webb
“May the 4th Be With You,” also known as Star Wars Day, takes place annually on May 4th. The phrase is a pun on the iconic Star Wars catchphrase “May the Force be with you.” While the exact origins of the holiday are somewhat murky, it gained widespread popularity in the early 2000s through fan communities and social media.
Over the years, Star Wars Day has become an official celebration recognized by Lucasfilm and Disney, the owners of the Star Wars franchise. They often release new Star Wars content, merchandise, and special promotions to coincide with the holiday, further fueling the excitement among fans.
As intellectual property attorneys, we like to celebrate by reflecting on one of our favorite cases. Not that long ago (circa 2005), in a courtroom not very far, far away (California) Lucasfilm sued Andrew Ainsworth, the UK prop designer who created the Imperial Stormtrooper helmets featured in the earliest Star Wars films.
The lightsaber-rattling began over the rights to replicate and sell Stormtrooper helmets and armor from the beloved Star Wars saga. In 2004, Ainsworth began making and selling the helmets in the United States. Lucasfilm sued for copyright infringement, claiming that the unauthorized reproduction of the helmets infringed its copyrights in the Star Wars artwork (including the design drawings for the helmets) and films. Ainsworth did not defend against the lawsuit, and Lucasfilm obtained a default judgment of $20 million USD. Because Ainsworth had no assets in the US, Lucasfilm sought to enforce the judgment in the UK, where Ainsworth resided.
In a plot twist, the UK courts ruled in Ainsworth’s favor. The courts held that the US judgment was unenforceable in the UK, and that there was no copyright infringement under UK law, which extends copyright protection only to certain types of works, like “sculptures.” The UK courts found that the helmet was not a “sculpture” because it was utilitarian, meaning that its original purpose was to act as a movie prop—not as an artistic creation.
This epic legal saga shed light on the complexities of copyright law in jurisdictions close to home and as far away as the Outer Rim.
Kristyn Webb is the Group Leader of Fishman Stewart’s Copyright Practice Group, and holds a Master’s Degree in Copyright Law from King’s College London.
Published May 3, 2024
Related Content from Fishman Stewart
When it comes to Super Bowl fashion, jerseys are always in, but only the kind that are authentic and officially licensed.
Giving credit to an author is a nice gesture, but not knowing the rules can get you into trouble.
The shift from “owning a thing” to “holding a key” changes everything about how we consume media - and it brings us to a critical showdown in the world of IP.
In recent years, companies have gravitated toward a visual trend: the minimalist logo. While some critics dismiss the trend, the shift toward minimalism is rooted in something else other than fashion.
When the Oakland Athletics announced plans to relocate to Las Vegas in 2028, many fans were excited. But the U.S. Patent and Trademark Office (USPTO) recently threw a curveball by refusing the team’s trademark applications for “Las Vegas Athletics” and “Vegas Athletics.”
Advances in molecular biology have an uncanny knack of doing two things at once: saving lives and giving U.S. patent law a persistent headache.
Artificial Christmas trees have become an enduring symbol of holiday cheer, blending tradition with innovation. Today, they are celebrated for their convenience, sustainability, and versatility, but their story began centuries ago as a creative solution to environmental and safety concerns.
Doosan Bobcat North America filed federal and international lawsuits against Caterpillar alleging Caterpillar improperly reverse engineered loader components.
Nothing warms the holiday spirit quite like a copyright lawsuit over a light-up reindeer. Back in 2019, two companies went head-to-head over just that when Enchant sued Glowco for copyright infringement.
The real tech revolution in sports right now is being powered by AI that uses data from wearable sensors - and crunches numbers faster than any coach with a clipboard could.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
