The Games Workshop vs. Chapterhouse Studio lawsuit has been a topic of conversation for over a year now and now it is over (almost). And frankly, GW lost and I am happy they got slammed. They deserved it due to their constant corporate overeach and claim of trademarks they don't own.
From BoLS:
The jury is done and 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 CHSCHS won 11 claimsGW won 10 claims
GW Trademarks ruled "Previously Used in Commerce" Claims:
61 claims alleged against CHSCHS won 35 claimsGW 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.
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.
And read more in the BoLS Forum thread on the subject here. My views tomorrow.
Loken