Why Lucasfilm Lost Out on Protecting Their Design Patent Right Over the Stormtrooper

No any stormtrooper, per se -- but rather those really cool definable helmets they wore. That's right: Lucasfilm had what was called a design patent right to the helmet created by one Brit Andrew Ainsworth, one original designer behind the iconic stormtrooper helmet for the very first film back in 1977. You'd think that the design patent made all the difference, though; not so....

It Turned Out That Brit Started Selling Replicas of Those Stormtrooper Outfits....

And Lucasfilm didn't like it one bit, having a certain propensity for protecting their intellectual property. They got a little protective over that, filing a lawsuit in a California court back in 2006 and winning the case for a hefty $20MM. However....

Brit took it to the British Supreme Court for another try to get some restitution over the issue (after all, he was one of the original designers behind the helmet, right?). And guess what: the one thing you have to understand about design patents versus "sculptures" is this: yes, he 'sculpted' the helmets (which would make them covered under copyright law), but it turns out those white hats are also functional 'props' covered under design right legislation -- which allows Brit to continue manufacturing the replicas as much as he wanted (much to Lucasfilm's dismay).

Just a Little Something to Keep in Mind About Design Patents....

Like we said: he was one of the original designers. And while the 'design' was patented, the final product was only protected under copyright/trademark/patent law inasmuch as the original designer was still free to recreate his own versions.

Interesting piece of litigation, don't you think?