Lucasfilm invokes the force of Sumption QC in Star Wars showdown
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Brick Court’s Jonathan Sumption QC has been called upon to represent Lucasfilm in its Supreme Court battle over the alleged copyright infringement of the Star Wars stormtrooper helmet.
Jonathan Sumption
Sumption, who is well regarded for his Supreme Court prowess, has been instructed by Harbottle & Lewis partner Mark Owen to lead the case alongside Wilberforce Chambers heavyweight Michael Bloch QC.
Bloch represented the company at earlier High Court and Court of Appeal hearings and at both stages was defeated by his opponent, Alistair Wilson QC of Hogarth Chambers.
Sumption has been instructed to lead the advocacy at the Supreme Court in a fight that is expected to have huge implications for the UK film industry.
Lucasfilm has pursued British engineer Andrew Ainsworth, who produced the stormtrooper helmets and armour for the original 1977 Star Wars: A New Hope film, as well as Luke Skywalker’s X-Wing helmet, since 2004. It was argued that Ainsworth and his business Shepperton Design Studios could not reproduce the helmets as he does not hold the IP rights to the original articles.
Originally Ainsworth was successfully sued by the filmmakers in the US, but with no assets in the US against which the judgment could be enforced the case moved to the UK.
SC Andrew partner Seamus Andrew has since acted for Ainsworth in the UK proceedings.
The Supreme Court will be asked to decide on two issues: whether a defendant domiciled in England can be sued here for acts in the US that amount to infringement of copyright under US law; and whether the helmets are in fact sculptures.
Sumption will argue on behalf of Lucasfilm that the helmets and armour are sculptures and therefore have a copyright protection of life plus 70 years as opposed to props that have a copyright protection of 15 years.
The case will be heard by the Supreme Court in March.
For more, see the litigation blog.
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Readers' comments (33)
Anonymous | 5-Jan-2011 1:28 pm
I hope they lose, if only so they won't get any damages that could be used to make more Star Wars films.
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Lando Calrissian | 5-Jan-2011 3:12 pm
But if they win, at least these guys won't be able to afford to start making knock-off Jar Jar Binks masks...
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Magic Circle Partner | 5-Jan-2011 5:08 pm
I'm in the office wearing a stormtrooper helmet right now and await the outcome of this case eagerly.
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Yoda | 5-Jan-2011 5:30 pm
Much waste of court time does this appear to be.
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The Real Yoda | 5-Jan-2011 6:41 pm
Hmm, Sculpture that is not. Sumption, desperate you are.
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bobofet | 5-Jan-2011 8:26 pm
Only a waste of time if you believe that using designs and selling copies is acceptable business practices. Lucas owns all the IP related to Star Wars. Ainsworth was contracted at the time to mass produce the armour and helmets. The orginal designs were NOT from Ainsworth. Simple.
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Anonymous | 5-Jan-2011 8:47 pm
i hope ainsworth loses the right to make & sell as he has nothing original
well maybe his teeth
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Hans Solo | 5-Jan-2011 10:09 pm
Let him win.
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Princess Leia to Han Solo: A New Hope | 6-Jan-2011 8:52 am
Princess Lucas: It's not over yet.
Han Sumption: It is for *me*, sister. Look, I ain't in this for your revolution, and I'm not in it for you, Princess. I expect to be well paid. *I'm* in it for the money.
Princess Lucas: You needn't worry about your reward. If money is all that you love, then that's what you'll receive.
[to Luke]
Princess Lucas: Your friend is quite the mercenary. I wonder if he really cares about anything. Or anybody.
[she stalks out]
Luke: [calling after her] I care.
(with thanks to the guy who wrote the script.)
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Darth | 6-Jan-2011 9:30 am
I find George Lucas's lack of distinction between a sculpture and a commercial physical design disturbing.
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