The initial case was filed in 2005 by Lucasfilm after Mr. Ainsworth set up a website selling replicas made from the original molds he had created for props in the first Star Wars movie. Mr. Ainsworth did not challenge Lucasfilm’s claim in the U.S., where he had sold only 19 models. By default judgment, a California court granted Lucasfilm the US$20 million it claimed in damages. But Mr. Ainsworth could not ignore the Lucasfilm case filed in the U.K., his actual place of business.

On December 16, 2009, English High Court Lord Justices Rix, Jacob and Patten upheld the lower court decision that the models were not sculptures and therefore could not benefit from copyright protection – which extends 70 years beyond the death of the creator – but industrial designs. Lucasfilm’s appeal was dismissed.

Lucasfilm plans to take the case to U.K.’s Supreme Court.

In the News

http://www.wipo.int/wipo_magazine/en/2010/02/article_0011.html