SDS Court case

[AnsonJames]

While reading the thread about the 'original' stormtrooper faceplate mould on ebay Apollo posted this;

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I think AA has other things on his mind right now considering Judgement has been passed on him by the Court on Sept. 20. [/b]

What's the story?

Anson

 

[SethB6025]

It would be interesting to know, especially if someone is considering an order with them.

 

[Apollo]

I am sure a Member here will post what the Judgement is against AA as soon as he gets it.

The Judgement was rendered on Wednesday.

 

[AnsonJames]

<div class='quotetop'>(apollo @ Sep 22 2006, 04:21 PM) [snapback]1324486[/snapback]</div>

I am sure a Member here will post what the Judgement is against AA as soon as he gets it.

The Judgement was rendered on Wednesday.
[/b]

What was the gist of it?

 

[RKW]

The same day as the announcement of the TIE armour, coincidence?

 

[frosty]

Yes i was wondering as well, seeing as he is offering new items

 

[DrStranglove]

Thread at the OT:

http://p212.ezboard.com/frpfotforumfrm13.s...tart=41&stop=57

Look around the middle of page 3.

From the thread:

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With the judgement now official, regardless of what anyone spouts the items in question are now illegal contraband and illegal to import, and can be subject to seizure by customs...

Also to note although it's VERY RARE (in personal use scenerios) you can be charged for the importation and even sale of the items as well...

Quote:
TITLE 19 > CHAPTER 4 > SUBTITLE II > Part II > § 1337

........

(B) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that—
(i) infringe a valid and enforceable United States patent or a valid and enforceable United States copyright registered under title 17; or
(ii) are made, produced, processed, or mined under, or by means of, a process covered by the claims of a valid and enforceable United States patent.

© The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that infringe a valid and enforceable United States trademark registered under the Trademark Act of 1946 [15 U.S.C. 1051 et seq.].

(D) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of a semiconductor chip product in a manner that constitutes infringement of a mask work registered under chapter 9 of title 17.

(E) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consigner, of an article that constitutes infringement of the exclusive rights in a design protected under chapter 13 of title 17.
[/b]

 

[SithLord]

All that happened is that the case went into default but there's been no outcome as far as the CA court addressing the UK courts about seeking compensatory damages. All one has to do is look up what US customs has registered by Lucasfilm. And it is just in regard to copyright and trademark in relation to the Star Wars movies, not helmets shipped that are not even referred to as Star Wars items. Not even Revenge of the Sith has been registered yet on the US customs database (.).

So this is a red herring until the UK courts make a ruling. Until then, it's business as usual.

 

[voice in the crowd]

<div class='quotetop'>(AnsonJames @ Sep 22 2006, 04:01 PM) [snapback]1324479[/snapback]</div>

What's the story?

Anson
[/b]

Hi Anson,

The story is I have got a really sore head today and I blame you completely :angel
Nothing to do with SDS threads purely to do with Mucky Ducks

I think as predicted LFL won and it was purely a matter of time. The same will happen in the UK if it goes to a court case. I do find it strange though that winning in a US court of law would not help cover LFL's copyrights in the UK and worldwide but I am no lawyer so I am not going to spend any real time pondering any wierd global loopholes.

All that has to happen now is for the hammer of LFL to to fall on the nail of SDS or LFL to show some kind of mercy and both parties cut a deal but if I think the hammer and nail scenario will be about right.

Here is the original thread http://www.therpf.com/index.php?showtopic=104869 and the only good thing that came out of it was posted by Braks Buddy the picture of the guy and the ATATs.

Thanks Dr S for the link and also to Exoray for keeping us up to date with the facts of the case not the fiction :thumbsup

Cheers Chris.

 

[Apollo]

<div class='quotetop'>(SithLord @ Sep 22 2006, 11:50 AM) [snapback]1324497[/snapback]</div>

So this is a red herring until the UK courts make a ruling. Until then, it's business as usual.
[/b]

Again, not entirely true.

As far as this being a, "red herring", only time will tell, but I think this red herring will end up turning into a great white that will eat Andrew whole.

I truely hope both sides work something out but I doubt that is going to happen.

 

[Clutch]

As rich and powerful as Lucas is, wouldn't SDS seem like small potatoes to him?

 

[voice in the crowd]

<div class='quotetop'>(clutch @ Sep 22 2006, 06:49 PM) [snapback]1324568[/snapback]</div>

As rich and powerful as Lucas is, wouldn't SDS seem like small potatoes to him?
[/b]

It is not just about Lucas its about people who pay a lot of cash for the rights to produce licensed props.

 

[Clutch]

Point taken.

 

[SithLord]

Exactly, there's a lot at stake for the license holders and they have every right to go after unlicensed producers.
It's not really a mystery how the case is proceeding. To get compensation on an international issue like this, the CA court has to go through a UK court to obtain settlement based on the international copyright laws. I really don't think that LFL and SDS will settle out of court. LFL is upholding what they see is a very crucial principle to their ownership of designs from the production. They are entitled to persue that principle anyway and with whomever they feel is profiting from use of their designs. But they are now stuck with having to go through a UK court to get compensation. That will take more time....and in the meantime SDS will sell product unabated until the UK courts tell him to stop.

 

[AnsonJames]

<div class='quotetop'></div>

Anson,
The story is I have got a really sore head today and I blame you completely :angel
Nothing to do with SDS threads purely to do with Mucky Ducks

I think as predicted LFL won and it was purely a matter of time. The same will happen in the UK if it goes to a court case. I do find it strange though that winning in a US court of law would not help cover LFL's copyrights in the UK and worldwide but I am no lawyer so I am not going to spend any real time pondering any wierd global loopholes.

[/b]

All AA needs to do is not mention 'Star Wars' on the labeling of his packages and he'll be fine...

Chris - out to give myself another sore head now. :love

Anson

 

[RKW]

Never under estimate a potato.

The Irish did years ago and it cost them dearly.

 

[Darth Kahnt]

<div class='quotetop'>(RKW @ Sep 22 2006, 02:26 PM) [snapback]1324582[/snapback]</div>

Never under estimate a potato.

The Irish did years ago and it cost them dearly.
[/b]

:lol

 

[exoray]

<div class='quotetop'></div>

All AA needs to do is not mention 'Star Wars' on the labeling of his packages and he'll be fine...[/b]

That would be a great big loophole wouldn't it?

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All one has to do is look up what US customs has registered by Lucasfilm.[/b]

Well the $190 fee to add items to the list, is something I'm sure LFL can afford if they desire... But, I believe they are covered just fine with what they do have...

http://www.cbp.gov/xp/cgov/travel/vacation...rightedArticles

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Trademarked and Copyrighted Articles
CBP enforces laws relating to the protection of trademarks and copyrights. Articles that infringe a federally registered trademark or copyright or copyright protected by the Berne Convention for the Protection of Literary and Artistic Works are subject to detention and/or seizure. Infringing articles may consist of articles that use a protected right without the authorization of the trademark or copyright owner or articles that copy or simulate a protected right.[/b]

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In regard to copyright infringement, articles that are determined by CBP to be clearly piratical of a protected copyright, i.e., unauthorized articles that are substantially similar to a material protected by a copyright, are subject to seizure.[/b]

Is say that just might cover SDS offerings, since the Federal courts have now ruled that his items do clearly violate LFLs IP rights...

Anyway I will have all the details from the court available for free to everyone mid-week, just have to wait for them to arrive...

 

[AnsonJames]

<div class='quotetop'>(RKW @ Sep 22 2006, 07:26 PM) [snapback]1324582[/snapback]</div>

Never under estimate a potato.

The Irish did years ago and it cost them dearly.
[/b]

Pogue Mahone.

 

[voice in the crowd]

<div class='quotetop'>(AnsonJames @ Sep 22 2006, 07:14 PM) [snapback]1324574[/snapback]</div>

All AA needs to do is not mention 'Star Wars' on the labeling of his packages and he'll be fine...
[/b]

He doesn't need to mention Star Wars he has already used the imperial cog on his TIE helmets which was definitely made by LFL and given to him.

Exoray again thanks for the facts and I look forward to when you get the details from the court and hopefully end all the specualtion and fiction that has surrounded all of this. In every thread about the SDS / LFL case the only facts that have been presented have been presented are by yourself and am I correct in saying you have had to pay for these documents. Anyway it is much appreciated.

RKW I don't get the Irish joke being Scottish but I do live in Ireland so I will ask about it and see if I find anybody here who thinks it funny

Anson how did a Londoner learn to speak such good Irish I take it Pogue Mahone is an old Irish greeting :angel

Cheers Chris.