Of course this looks so far like a mixed bag of rulings, and until we get actual documents, I will hold on my own personal opinions. However, Bigred over on Bols has laid out what the latest is, and here is a link and relevant information and you can find more by following the link.


via Bigred over on Bols Lounge
http://www.lounge.belloflostsouls.net/showthread.php?33351-LEGALWATCH-Games-Workshop-vs-Chapterhouse-Verdict
We have a verdict!

Some initial notes:
This is a Jury Verdict, and has not yet become a Final Judgement

Breaking down the counts along the different categories we have:

Copyright Claims
160 claims alleged against CHS
-GW won on 1/3 of the claims, including items such as CHS' Powerfists
-CHS won on 2/3 of the claims, including the use of the underlying shape and size of GW Shoulderpads.

General Trademark Claims
9 claims alleged against CHS
-CHS won all 9 claims, including either no infringement, or fair use of the GW trademarks on CHS' website.

Disputed Trademark Claims
21 disputed trademark claims alleged against CHS
CHS won 11 claims
GW won 10 claims

GW Trademarks ruled "Previously Used in Commerce" Claims
61 claims alleged against CHS
CHS won 35 claims
GW won 27

Notable Trends and Individual Products Under Dispute
CHS lost on some individual products including:
-Doomseer
-Dark Elf

CHS won on some individual products including:
-Jetbike
-Super-heavy walker model
-Lizard Ogre

Damages Awarded:
CHS ordered to pay GW damages of $25,000 USD

Both sides may appeal the ruling.

Thoughts and Implications:
It's looking like however CHS as an entity comes out of this ruling, the implications for the 3rd party industry are profound.

-The ruling of no infringement for the use of the underlying shape and size of GW shoulderpads is now on the legal record.
-Possibly more important is not guilty verdicts on the use of GW trademarks and terms on the CHS website. 
-While certain CHS products themselves may disappear from the Earth in the aftermath of this case, it looks like the verdict may have provided a clear blueprint for the 3rd party accessory bits market. One that allows legal use of certain GW trademarks and terms in a way that goes way beyond what Nottingham themselves ever wished to allow.

More details as we get it... Documents will be coming in time.

29 Comments:

  1. What follows is the, "We hate GW but will continue to play their games!!!!" nerdfest. The griping about prices (that are still lower than PP's), rules (despite playing with .pdf codices), and how they want GW to tank even though they play the game commences in 3...2...1...

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    1. I honestly don't understand how people thing PP is more expensive than GW (or anyone). As far as I see, their minis are fairly cheap for what they are.

      Or Australia is an anomaly in their pricing.

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    2. Never a truer word has been said.

      Bravo McDoogle.

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    3. It'll be hasbro soon enough.

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    4. Angry nerds just talk more than happy nerds.

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  2. They should have never ended their bits service. Simple as that.

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    1. they didn´t entirely
      besides its was a los... caus you could order a bit that made a named IC what he was and stick it on a cheap marine. No point in haveing bitz if they inflict with youre main sails

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    2. I've never met anyone who ordered a single bit at a time, besides if there can be websites that exist solely for selling bits there must be some profit in it. A GW bits sale would still be money for GW.

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    3. yeah
      why is that? maybe caus shipping is retarded at 1 bit???? -.-

      bitz are less profitable becaus they cut into youre box sails. You wont buy a dev squad if you get the bitz online. With bitzstores the problem is the limitation due to "out of stock". With GW casting the bitz in the apropriat Nr. this problem is gone. Its great for us but not for their sails as i mentioned above. A lot of kits you will just never buy and get the bitz instead.

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    4. Well they always seem to be trying to have less boxes on shelves in stores (limited space), maybe they should get rid of devastator kits and make packs of heavy weapon upgrades instead like forgeworld have done :P

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    5. Thats what they had before... single heavy weapon models... and if you look at how the dev box was done, its not like they put in the best weapons in good numbers. Wish it was more las & Ml.

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  4. Look out 3rd party kit providers ... GWmania is Coming for you!!! WHOOOOO !!!!!

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  5. Looks to be a WIN for players. A slap on the wrist for CHS and minor win for GW as CHS was sloppy in the begining.

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    1. depend on their financ situation
      this is like a 1/4 of their earning per year

      i suspect they will close down and run for the hills from the bill

      then i think GW will just releas every bit the bitzstores exclusivly provided and they will stop adding to the fluff before releasing models (like they have been)

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    3. I'd like to know what made you come to those assumptions Warlord22.
      If you're expecting CHS to close down to avoid paying the money, they couldn't. If you're expecting that even after they have some of their products allowed by law they'd stop selling them, they wouldn't because that would still be a valid income.
      Why would GW possibly change their marketing 'strategy'? They've already adjusted by releasing only new kits at codex launch, saving updates for pre-existing kits for splash releases later (we hope). They won't change again.

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    4. @ derFolicious
      get a life

      @ jon
      as i said i am suspecting... i have no idea what their situation is, but i can imagine a small company hurts from this.
      it was said in a nother post they made 400.000 $ in the last 4 years so i can assume its a 1/4 of their income a year to pay 25.000 $

      What makes you think they wont? And kromlech hitachi scribor ect. wont? This is a green light for alternativ minis if you will. GW would be stupid to not make further changes to protect their income!

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    5. Of course it would hurt but I doubt it would force them to close down, $75,000 a year is still a respectable income (I'd sure like it anyway!).
      Plus that's assuming its a steady income! Judging by how long I've known of them existing (ie, not long), that total could be the result of exponential growth from increasing products/customers over the 4 years meaning that CHS could make OVER $100,000 a year now, making the $25,000 fine more trivial
      In fairness, I think it's generally accepted that GW aren't the most intelligent when it comes to marketing; hence the quotation marks around strategy!

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  6. This is just round one, GW is guaranteed to appeal if they have any grounds to do so. Then, it will depend on how the local Appeals courts are politically biased..which I have no idea about in that part of the country. Unless I am mistaken, the appeals process will be Judges only..no juries allowed and we will get a much better sense of how this stacks up under existing law. Gw has deep pockets, as we know, and can afford this whole process to the bitter end.

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  7. Wow. That is rather impressive. I wonder if in the USA this would have gone differently and decimated CHS? This has set quite the precedent and I don't think the outcome was as GW was expecting.

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    2. The court case was in the USA...

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  8. Chs wont have to pay anything if either party appeals. And given the ruling CHS is in a good place to keep going. In fact I am betting CHS and other bit makers have or will have new stuff out beforr long. Time for HH stuff by a 3rd party anyone?

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    Replies
    1. There are already plenty doing primarch models around like Kabuki Models' "Knights of Legend" range.

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  9. When I see that picture of Justice, I can't help but think that would make an awesome C'Tan shard with gaze of death :P

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