Yes, Even a "Sculpture" of an AT-AT Walker Is Out of Bounds for Lucasfilm

Here's why: it was Lucasfilm's IP, basically. Remember the case of the stormtrooper helmet? Sure, Lucasfilm won, but because those babies were merely functional props, the original designer could continue manufacturing them. But in the case of a real-size AT-AT Walker from the film "The Empire Strikes Back," this is a sculptural creation and rendition of one of Lucasfilm's greatest designs, so you can imagine the studio's trepidation.

Long Story Short, Lucasfilm Heard About a Fan by the Name of Michael Koehler Building and Crowdfunding the Giant Project Called "AT-AT for America:

And the studio promptly sent in their cease-and-desist order without fail as they've done in the past. The point is that this sculpture was going to be the infamous AT-AT from Star Wars. It was the name of the project itself and modeled after Lucasfilm's designs.  This was an epic project but also a straight-forward case of copyright infringement.

Since there has not been another blog entry for five years on AT-AT for Americ, this project has not grown any new legs.  

How Patent and Trademark Law Plays a Role in the Design of the Light Saber

Ask yourself this: did Lucasfilm develop the concept, design and creation of the now iconic institution known as the light saber? Well.... Yes, in fact. From a certain point of view. This is where design and reality connect in a huge way, because as far as the law's concerned, there was in fact one bit of a legal dispute between Lucasfilm and a little-known company known as "Wicked Lasers," a manufacturer or a real-life "light saber" practically capable of burning you!

You Can See Where Lucasfilm Went With This Lawsuit About a Light Saber

The product in question was known as the Spyder II Pro-Arctic Laser, an apparatus a few years back capable of generating a super-powerful blue beam that was strictly not meant for kids. Lucasfilm, though, got involved, though, when marketing started coining the product as the "real-life light saber," hinting at the fact that the company was taking cues from one Star Wars mythology.

Lucasfilm, of course, sent their typical cease-and-desist letter like they've done before after noticing that the design of the Spyder II looked rather similar to, say, Luke Skywalker's hilt. Fair enough. However, Wicked Lasers made a surprisingly interesting point: their products are real, whereas the fictional world of Star Wars and their laser blades are not. Yet the design was still pulled from the original setups we all know and love about our Jedi, so a compromise was made:

Really all Wicked Lasers needed to do was add some safety features along with a disclaimer, claiming that the Spyder II was not a "light saber toy," as that's the marketing angle Lucasfilm often takes with their designs and memorabilia, if you will. Case closed.

What Would've Happened if Wicked Lasers Stood Their Ground, Though?

Who knows: it's an interesting case. However, when concerning IP and the like, if a kid saw the Spyder II, you'd have to ask yourself the one question: would that kid mistake the Spyder II for a light saber straight out of Star Wars? Most likely.

And that's where trademark law makes the case. Chances were pretty good that Wicked Lasers would be forced to do something to remedy the dispute somehow.

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?