BoLS logo Today's Tabletop & RPG News
Advertisement

LEGALWATCH: Games Workshop vs Chapterhouse Verdict

2 Minute Read
Jun 14 2013
Warhammer 40K
Advertisement

The jury is done and we have a verdict.  Fasten your seatbelts folks – heavy turbulence ahead.

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 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.

More as we get it…

BoLS Lounge

~We will be reporting in much detail on the case and trial in the days ahead.  Have at it folks.

Avatar
Author: Larry Vela
Advertisement
  • The Wraithknight and his G.I.Joe Kung Fu Chop of Doom!

    Warhammer 40K