Showcase Comics and Games

Philadelphia's Premier Store for Comics and Gaming

Forums

Post Reply
Forum Home > Warhammer 40k > so this came down today

Jerbear
Member
Posts: 63

TAKEN FROM BOLS:


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.



What are your thoughts fellow Showcasers?

--

You are such an Ultramarine.

June 14, 2013 at 5:58 PM Flag Quote & Reply

batter
Member
Posts: 50

It is nice to see this come to a close and it is really nice to see GW not win all their claims.  I hope that this will provide a good framework for all the 3rd part bitz makers to work from to avoid GW legal.

June 15, 2013 at 12:22 PM Flag Quote & Reply

You must login to post.