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Just picked up on this else were..... (BoLS)

http://dockets.justia.com/docket/illinois/ilndce/1:2010cv08103/250791/


Looks like GW is suing Chapterhouse for copyright? Chapterhouse added a disclaimer to their site just now, not a good sign. I hope they don't have to shut down :(

Hasn't this been rumbling on for nary a year now?

In before the Internet Junior Lawyer Squad (Turbo) jumps in with "I told you so".

Well, chapterhouse have always said that they were confident their legal position was sound. I'm sure they'll be fine.

Perhaps if GW pulled their heads out of their butts and made what people wanted, this would not be necessary. Unfortunately, they are choosing to play 'dog in the manger".

I'm kind of suprised this didn't happen sooner to be honast. I wonder what the final straw was.

I'm kind of suprised this didn't happen sooner

You're not the only one who is a wee bit surprised. What would be more surprising is if this thread doesn't degenerate into the usual acrimonious arguments whenever legal issues or prices come up as topics on the forum.

yeah,
Hahahahahaahahaa I'm glad.
Chapter houses attitude sux chunks.
Most of their stuff is terrible anyway.

Panic...

Okay..?

Which one of the multiple 'nearly GW' online model company's is Chapterhouse now?

Chapterhouse are on here so whether they will be prepared to talk about it or not...

I was surprised by the Chapterhouse website, in the sense that it blatantly referred to the kits the parts could be used with. Not that it should be a problem... but it is...

After reading through a link posted on bols that gives the full details i am in full support of gw , imho , chapterhouse were using tm-ed materials and as such gw should sue. especially about the parts where gw have received complaints because of chapterhouse's mistakes.


http://207.41.16.133/rfcViewFile/10cv8103.pdf

the link


'claw

not sure if the guys from chapterhouse will actually be able to tell us anything but it would be nice to hear some of the details. Either way I suspect this thread will turn into a playground for all of the arm chair legal experts


Automatically Appended Next Post:
after reading the doc, part of me really giggles at the fact that "The game WARHAMMER 40,000 similarly takes place in a fantasy universe, but
one set in a dark and forbidding world of the 41st millennium, a place ravaged by thousands of
years of conflict in which gothic armies of the universe do battle and in which the foremost
defenders of humanity are Space Marines; genetically engineered super-warriors armed with the
most inventive weapons imaginable, supported by vast armies of the Emperor and tanks of the
Imperial Guard who confront foes such as the alien armies of the Tau; the savage Orks;
enigmatic Eldar; and unfathomable Tyranids, while lurking in the background are once-loyal
Space Marines, turned traitorous supporters of the unspeakable Daemon Lords of Chaos." appears in an official legal doc

I don't know which is sadder...

Whether :

A) once again GW's legal department are cutting off their nose to spite their face (let's face it, it's a fact that you need to buy GW product to use Chapterhouse product...it augments, it doesn't replace)

OR

B) That this thread has already started to show the juvenile, petty, "kick 'em while they're down from the safety of my computer" nastiness, that I'm sure will characterise any discussion on this issue.

Padre^.

They've named Paulson Games as a party in the suit as well. Will the GW cops come for my boneswords and lashwhips?

Anyway, I think it's a bit rich for the GW lawyers to include Unfair Competition as part of the suit. The trademark infringement bits are suitable for litigation, but Unfair Competition is a joke. These are the guys who destroyed the independent hobby stores in the UK, right?

I don't see how it's "unfair competition" as such. They make things GW don't and they don't offer a complete product, you have to buy a GW kit to fit it. If anything people are more likely to be encouraged to buy a GW product not less. But I guess GW don't see it that way because of their possessiveness over IP.

In fact GW paranoia over protecting their IP, particularly in light of their aggression against numerous websites, makes it difficult to see when they have a genuine or reasonable case.

I don't get that GW slam so hard compared to other companies when it comes to copyright, also chapterhouse only sell one complete kit, that walker thing, so surely this only augments their sales as people need to buy their kits anyway?

Well, since Chapterhouse has always claimed to rest on sturdy legal grounds, it's now time for them to put their money where their mouth is and prove it.

Maybe if GW spent less time and money on suing people doing what GW should be doing in the first place, and spent those resources on actually producing full model lines to support their codexes, they wouldn't have to worry so much about independants infringing on their IP.

43. Exacerbating the injury to Games Workshop’s reputation, the quality of many of
Defendants’ products is materially inferior to the quality of Games Workshop’s originals, which
will cause injury to Games Workshop’s reputation among purchasers of Defendants’ products in
the original or secondary markets.

This made me laugh. Honestly I am not shocked, and no one should be. I guess it is what it is, and in the future just create bits and name them seperately. That way they can't get you on the laws. Interesting read though as I actually read all 19 pages.

Empchild wrote:43. Exacerbating the injury to Games Workshop’s reputation, the quality of many of
Defendants’ products is materially inferior to the quality of Games Workshop’s originals, which
will cause injury to Games Workshop’s reputation among purchasers of Defendants’ products in
the original or secondary markets.

This made me laugh. Honestly I am not shocked, and no one should be. I guess it is what it is, and in the future just create bits and name them seperately. That way they can't get you on the laws. Interesting read though as I actually read all 19 pages.

Perhaps they should take a good look at what Forgeworld have a habit of shipping.

Better grab those shoulder pads I like before I can't get them anymore

Depends on how everything is worded and how good CH's lawyers are. And whether it's worth it for them not to do a dump and jump and start a new company properly labelling things and making a few pointless parts for "random" 28mm mini's online.

Sidenote. I'd bet the final straw was the tervigon kit. Just my thoughts without reading anything specific.

Howard you forget though.. forgeworld is owned by them, as well as wargames foundry and soo many other companies. In the end it is their IP and they have the rights to do with it as they see fit. Being I know that a 5minute call to my lawyer for a phone number costs me $360, I can only imagine what it would cost for something like this.

Well lets hope chapterhouse manages to continue it's impressive work.

Also, (no legal background here) can't chapterhouse do something with the blatant lies the GW brief states about advertising? I mean, who has ever seen an advertisement for GW, other than box art?

Hulksmash wrote:
Sidenote. I'd bet the final straw was the tervigon kit. Just my thoughts without reading anything specific.

Here in lies a problem though, you can get away with in court wordings, but when you photograph your parts on theirs that tends to cross the IP barrier.

I can't say I'm surprised it's Chapterhouse in specific that's attracted this. Out of the companies most involved in third-party modifications, it's easily the most blatant. MAS or Maxmini never mention GW or its products by name, never associating their product with it in any way.

The more of the filing I read, the stupider it gets.

Chapterhouse has "...caused great and irreparable injury to Plaintiff." By selling things that GW doesn't?

They're going for the deathblow here. They say there is no remedy, no fix that can be applied to get Chapterhouse to comply with the law and stay in business. They must cease operation. I realize that hyperbole and overreach are part and parcel of the US legal system, but still. Reading the filing makes me want to nuke Nottingham.

Empchild wrote:Howard you forget though.. forgeworld is owned by them...

That's actually my point... I'm, somewhat sarcastically, suggesting they examine the quality of their own resin products before claiming that the poor efforts of others are reflecting badly upon them.

Arschbombe wrote:The more of the filing I read, the stupider it gets.

Chapterhouse has "...caused great and irreparable injury to Plaintiff." By selling things that GW doesn't?

They're going for the deathblow here. They say there is no remedy, no fix that can be applied to get Chapterhouse to comply with the law and stay in business. They must cease operation. I realize that hyperbole and overreach are part and parcel of the US legal system, but still. Reading the filing makes me want to nuke Nottingham.

> objects to hyperbole
> wants to nuke nottingham
> mfw

Arschbombe wrote: Reading the filing makes me want to nuke Nottingham.

Why the filling is being made in IL, my home state.