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LUCASFILM VS. AINSWORTH Melissa LeMay
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THE PROBLEM George Lucas became very wealthy from his series of “Star Wars” movies. In 2004 a vendor he used for the original movie profited by selling replicas of the helmets worn by Stormtroopers.
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Mr. Lucas sued Mr. Ainsworth in the United States and won a $20 million settlement. THE LAWSUIT(S) Mr. Lucas sued again in England, where the helmets were originally made and then reproduced (and where Mr. Ainsworth resides). He lost.
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WHY DID HE LOSE IN THE UK? There is no reciprocity between countries regarding copyright laws. Copyright laws and their interpretations vary widely. American rulings have no jurisdiction in England. Mr. Lucas only applied for trademarks in America.
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THE APPEAL Four of the five judges in the Appellate Court upheld the original British ruling.
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UNITED STATES LAW Lanham Act “It provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if such use is likely to result in consumer confusion, or if the dilution of a famous mark is likely to occur.” (http://www.law.cornell.edu/wex/Lanham_Act).
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UNITED STATES LAW United States Copyright Law “The Six rights owned by a copyright holder are the rights of 1. reproduction2. adaptation, 3. distribution,4. public performance 5. public display, 6. digital transmission of sound recordings.” (Simpson, p. 2)
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REFERENCES Lucasfilm v. Ainsworth, No [2011] UKSC 39, UK Supreme Court Simpson, C. (2010). Copyright for schools: A practical guide (5 th ed). California: Linworth.
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