In a busy summer for Intellectual Property cases, The Supreme Court in London gave judgment in a long running dispute about the helmets and armour of the "Stormtrooper" soldiers from the popular Star Wars films.
Andrew Ainsworth, the original designer of the Stormtrooper helmets and armour, had been sued by the filmmakers of the Star Wars films for producing and selling replicas of the helmets and armour in England and abroad via his website.
Some of the helmets were sold to US customers and the filmmakers brought trademark infringement and copyright proceedings against Mr Ainsworth in the US, securing a judgement for $10 million. The filmmakers then issued legal proceedings against Mr Ainsworth in the English Courts for the copying and sale of the helmets and amour in both England and the US.
In the English action it had been argued through the High Court and Court of Appeal that the helmets were sculptures and therefore due protection as artistic works under the Copyright, Designs and Patents Act 1988. The Supreme Court, agreeing with the Court of Appeal, held that the helmets were costumes or props, giving them a utilitarian aspect and preventing them benefiting from the protection offered to artistic works.
However, the Supreme Court agreed with the filmmakers argument that the Defendant had infringed their copyright in the United States and such infringements were able to be tried in the English Court provided there is a personal jurisdiction over the Defendant. Essentially it was decided that there was no longer an impediment to legal action for the infringement of foreign intellectual property rights being dealt with in England.
The latter part of the decision is very significant and highlights the increasing trend towards the reciprocal enforcement of foreign intellectual property rights and there is clearly potential for an increase in claims for foreign copyright infringement being brought in English Courts.
The decision will be of interest to business and individuals engaged in the exploitation of rights abroad who will need to be particularly vigilant as to the effect of local law in the territory their product ultimately ends up. Hamlins’ EMIP department have a wealth of experience in advising the owners of valuable intellectual property rights of the implications of seeking to expand their business into foreign jurisdictions and the potential implications of such trade.
For any further information please contact Nicholas Cotton, 0207 355 6055.