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Games Workshop v Chapterhouse

Started by salamut2202, June 15, 2013, 10:49:44 AM

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salamut2202

http://www.lounge.belloflostsouls.net/showthread.php?33351-LEGALWATCH-Games-Workshop-vs-Chapterhouse-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 Arch Tortress

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.

crisis_vyper

All I have to say is that right now, the players is profiting out of this.

salamut2202

Latest (from BoLS), Chapterhouse's lawyers are reported as claiming a solid victory:
"CHICAGO, IL – In a classic David-versus-Goliath battle, Winston & Strawn LLP represented Chapterhouse Studios LLC on a pro bono basis in a cutting-edge federal trademark and copyright dispute in the Northern District of Illinois (Games Workshop Limited v. Chapterhouse Studios LLC 1:10-cv-8103). The verdict of this jury trial, held in June 2013 before Judge Matthew Kennelly, confirms that copyright and trademark law should not be used to block add-on products. Winston & Strawn has litigated the case since 2010, and co-counsel law firm Marshall Gerstein joined the matter in 2012.

"This was a classic case of trademark and copyright bullying by a much bigger Plaintiff," said Jennifer Golinveaux, partner in Winston & Strawn's San Francisco office. "I am proud of the investment made by the firm, and the many attorneys who devoted themselves to making sure the intellectual property laws were not misused to squash a much smaller player."

Games Workshop manufactures Warhammer 40,000, a tabletop battle game that works with armies of miniature figures and vehicles, while Chapterhouse sells customized add-on parts for the figures and vehicles used in the game. The United Kingdom-based Games Workshop, a company with $200 million per year in revenues, alleged more than 200 claims of copyright and trademark infringement against Chapterhouse, a small business run out of an individual's garage in Texas. Games Workshop argued that it was seeking a complete shutdown of Chapterhouse's entire business and although Games Workshop initially sought over $400,000 in damages, by the end of the two-week jury trial, the plaintiff dropped its damages demand to only $25,000.

The jury deliberated for more than two days and found that Chapterhouse could continue to make and sell over a hundred products without fear of copyright infringement. The jury also confirmed that Chapterhouse could continue to use most of Games Workshop's asserted trademarks when selling compatible parts, including all nine of Games Workshop's registered trademarks. Together with the summary judgment wins, the jury's verdict confirmed Chapterhouse can continue to make and sell 111 products that Games Workshop hoped to block using copyright laws, and can continue to use 104 words and phrases that Games Workshop said were trademarked.

Imron Aly, lead trial attorney and partner in Winston & Strawn's Chicago office added, "It was a pleasure to represent a small entrepreneur like Nicholas Villacci of Chapterhouse, who has a passion for his work and wanted to see his business survive."

Julianne Hartzell, partner at co-counsel law firm Marshall Gerstein added, "We are proud that we were able to help protect Chapterhouse against the overreaching claims made by Games Workshop in such a substantial trademark and copyright dispute."

http://www.belloflostsouls.net/2013/06/chapterhouse-attorneys-declare-victory.html

Wargamer

Let's all celebrate by not buying things from GW! :D
I wrote a novel - Dreamscape: The Wanderer.. Available in paperback and pdf.

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People who have no sense of Sportsmanship have NO PLACE designing any Gaming system