The force was with the manufacturer of the original Star Wars stormtrooper helmets in a Supreme Court hearing on copyright last week
The justices unanimously held that the helmets are not works of sculpture and therefore not protected by UK copyright law, in Lucasfilm Ltd v Ainsworth [2011] UKSC 39.
They also held—in a “major” change of policy—that foreign copyright infringement claims can be brought in the English courts.
The defendant made the helmets for the first Star Wars film in 1976. In 2004, he began to produce and sell replicas. In 2006, Lucasfilm obtained judgment in default through the US courts.
In order to bring their case in England, Lucasfilm argued that the design was an artistic work and covered by copyright law. If it was a functional design then copyright protection would not apply.
Martyn Fish, partner at HGF Law, said: “It means any foreign company can try to enforce copyright in the UK courts, which is a major change.
“A lot of IP lawyers will be surprised by this judgment. It’s good news for us though as it may mean more work. It’s one more way of enforcing the law and may provide clients with a stronger remedy. I would be amazed if forum shopping didn’t take place.”
Danielle Amor, associate at Hogan Lovells, said: “Before now, you needed to litigate the infringements separately in each jurisdiction where your rights had been infringed.
“Claimants may now be able to bring actions in the UK against UK resident defendants for infringement of their rights in multiple jurisdictions.”
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