Lucasfilm invokes the force of Sumption QC in Star Wars showdown
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.
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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Richard Kempner | 6-Jan-2011 9:44 am
How totally bizarre that Sumption has been chosen. Great though he is, he's not an IP specialist. In fact, I've never heard of him doing an IP case. A real baptism of fire in the Supreme Court, it will be (back to Yoda speak).
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Anonymous | 6-Jan-2011 10:02 am
I have a bad feeling about this
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Obi Wan | 6-Jan-2011 11:23 am
If the claim is successful and Ainsworth is struck down, he will become more powerful than Lucas could ever imagine.
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Chewbacca | 6-Jan-2011 2:03 pm
ooorrrrhhhhhhhh
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Aaron Wood | 6-Jan-2011 4:04 pm
Agree Richard. Great barrister, not massive IP knowledge - Bloch must feel a bit peeved.
Maybe Lucas thinks that it's a story in 3 parts with an overarching story arc - where are the Ewoks going to come from? I can imagine a reasonable line of argument - was the helmet created to fit into a particular creative vision for the film? I wonder if the answer would have been different if StarWars had been an edgy, avantegarde work?
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Anonymous | 6-Jan-2011 4:09 pm
Han Sumption and Chewblocha..? Sumption gets all the best lines leaving the hapless sidekick to roar unintelligible comments?
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Lando Calrissian | 6-Jan-2011 4:25 pm
Ainsworth asked his mate Ackbar whether he should fight the claim in America, but was told that it was a trap.
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Admiral Ackbar | 6-Jan-2011 4:50 pm
Thank you Lando for the mention. I also suggested to Obi Wan Ainsworth that the UK's Supreme Court was not going to be like 'shooting wamp rats in a T-16' either, but rather they should have considered the European Courts on the Forest Moon of Endor. Of course, that could turn out to be a trap too. (Although, at least on Endor, a tribe of friendly Euro-Ewoks might come to the rescue....)
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Grand Moff Tarkin | 6-Jan-2011 4:59 pm
The Supreme Court? "You will never find a more wretched hive of scum and villainy". Sumption must be cautious.
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Yoda | 6-Jan-2011 5:48 pm
New carpets in Supreme Court enjoy they will.
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Obi Wan Kenobi | 6-Jan-2011 5:56 pm
The Sumption people have left The Supreme Court for now. However, do not be fooled. The Sumption people are easily startled, but they'll soon be back, and in greater numbers.
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Han Solo | 6-Jan-2011 7:45 pm
Han Sumption: Hokey defences and ancient copyright exceptions are no match for a good barrister at your side, kid.
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The Real Yoda | 6-Jan-2011 7:47 pm
Run and run, this could. Realise lawyers were so witty, I did not.
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Jedi Mind Trick | 7-Jan-2011 9:10 am
These are not the sculptures you are looking for...
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R2D2 | 7-Jan-2011 10:09 am
*beep* *beep* *bloop* *beep* *whistle*
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Darth Steve | 7-Jan-2011 10:16 am
You'd have thought with the Blu-Rays coming out George would have had other things on his mind. Ah well - someone who got most of his ideas for the series from Akira Kurosawa, Joseph Campbell, Alex Raymond and Jack Kirby obviously has the moral high ground here. Grand Moff Sumption's got a busy year ahead of him.
"Enforcement of US judgments through the back door, huh? Good idea".
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Obi Wan Brick Court | 7-Jan-2011 10:51 am
Use the torts, Lukeas.
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The Jawa Droid sale | 7-Jan-2011 12:37 pm
Luke: You know, I think that R2 unit we bought may have stolen IP rights for Stormtrooper helmets.
Uncle Owen: What makes you think that?
Luke: Well, I stumbled across a recording while I was cleaning him. He says that he belongs to someone named Obi-Wan Lucas. I thought he might have meant old Ben. Do you know what he's talking about?
Uncle Owen: Uh-uh.
Luke: I wonder if he's related to Movie Mogul Lucas?
Uncle Owen: That wizard is just a crazy old man.
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Jabba the Supreme | 7-Jan-2011 1:35 pm
Mmmmmm, ei pee noleege laaaakin. Spasteelia a courta bunkadunka. Race a spuce adoobla, Sumption.
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Jean Luc Picard | 7-Jan-2011 4:06 pm
I think I'm on the wrong post... Where do I go to read about the enforcement order relating to William Shatner's personal guarantee on the loan for the USS Enterprise??
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The Real Yoda | 10-Jan-2011 11:10 am
Had to spoil it, you did.
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Citylawfirmworker | 10-Jan-2011 2:27 pm
Slightly OT: Is legalese one of C3PO's 6 million languages?
Thanks everyone for an amusing lunchtime read....
:-)
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Anonymous | 26-Apr-2011 7:53 pm
Of bigger interest to the fan-base is the fact that Ainsworth made a number of increasing ludicrous claims that effectively put him forward as the creative driving force behind Starwars (created 200 characters?), and solely responsible for it receiving financing and subsequent success. He also denies that Liz Moore, the artist responsible for the iconic Stormtrooper helmet, had any involvement in it. That has raised the ire of a number of fans.
There are a number of issues that won't be addressed in this hearing but really should come to light. I'm hoping that Lucasfilm are successful not because of the strength of their case or the impact on the industry, but solely to see Ainsworth lose.
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