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what are the rules for sculpting and casting your own miniatures? Like i Have a Doom of MalanTai I made that I want to cast and sell Is this Illegal??? I made it using no Games Workshop Bitz. So it is intirely my own sculpt!
do I have the rights to cast and sell or would GW sew me or something???

If it contains any pieces that you did not sculpt, you cannot sell it. Even if it is your original work, you would probably be violating GW's IP if you sold it under a name that they copyrighted. Your best bet is to sell it under an original/generic name.

Ok it is all greenstuff with wire framework....

So how bout

Big brain alien that looks like Doom of Malantai??? like that one???

'Big Brain Alien of Doom' would be fine. Do Not mention Malantai, as that is most likely trademarked by GW.

Papaskittels wrote:what are the rules for sculpting and casting your own miniatures? Like i Have a Doom of MalanTai I made that I want to cast and sell Is this Illegal??? I made it using no Games Workshop Bitz. So it is intirely my own sculpt!
do I have the rights to cast and sell or would GW sew me or something???

Don't mention their trademarks, and have a plan in the event GW gets annoyed and goes after you.

Big Brained Alien

package it with some goofy looking illustration and you will be good to go.

If you look around there are plenty of look alike minis from many different companies so yours would be just fine.

OK thank you very much

Here is a list of GW's trademarks...

http://www.games-workshop.com/gws/content/article.jsp?catId=&categoryId=§ion=&pIndex=5&aId=3900002&start=6

General
This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

Adeptus Astartes, Battlefleet Gothic, Black Flame, Black Library, the Black Library logo, BL Publishing, Blood Angels, Bloodquest, Blood Bowl, the Blood Bowl logo, The Blood Bowl Spike Device, Cadian, Catachan, the Chaos device, Cityfight, the Chaos logo, Citadel, Citadel Device, City of the Damned, Codex, Daemonhunters, Dark Angels, Dark Eldar, Dark Future, the Double-Headed/Imperial Eagle device, 'Eavy Metal, Eldar, Eldar symbol devices, Epic, Eye of Terror, Fanatic, the Fanatic logo, the Fanatic II logo, Fire Warrior, Forge World, Games Workshop, Games Workshop logo, Genestealer, Golden Demon, Gorkamorka, Great Unclean One, the Hammer of Sigmar logo, Horned Rat logo, Inferno, Inquisitor, the Inquisitor logo, the Inquisitor device, Inquisitor:Conspiracies, Keeper of Secrets, Khemri, Khorne, Kroot, Lord of Change, Marauder, Mordheim, the Mordheim logo, Necromunda, Necromunda stencil logo, Necromunda Plate logo, Necron, Nurgle, Ork, Ork skull devices, Sisters of Battle, Skaven, the Skaven symbol devices, Slaanesh, Space Hulk, Space Marine, Space Marine chapters, Space Marine chapter logos, Talisman, Tau, the Tau caste designations, Tomb Kings, Trio of Warriors, Twin Tailed Comet Logo, Tyranid, Tyrannid, Tzeentch, Ultramarines, Warhammer, Warhammer Historical, Warhammer Online, Warhammer 40k Device, Warhammer World logo, Warmaster, White Dwarf, the White Dwarf logo, and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Blood Bowl game, the Warhammer world, the Talisaman world, and the Warhammer 40,000 universe are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2010, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.

Warhammer
This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

The Chaos devices, the Chaos logo, Citadel, Citadel Device, the Double-Headed/Imperial Eagle device, 'Eavy Metal, Forge World, Games Workshop, Games Workshop logo, Golden Demon, Great Unclean One, the Hammer of Sigmar logo, Horned Rat logo, Keeper of Secrets, Khemri, Khorne, Lord of Change, Nurgle, Skaven, the Skaven symbol devices, Slaanesh, Tomb Kings, Trio of Warriors, Twin Tailed Comet Logo, Tzeentch, Warhammer, Warhammer Online, Warhammer World logo, White Dwarf, the White Dwarf logo, and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Warhammer world are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2010, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.

Warhammer 40,000
This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

Adeptus Astartes, Blood Angels, Bloodquest, Cadian, Catachan, the Chaos devices, Cityfight, the Chaos logo, Citadel, Citadel Device, Codex, Daemonhunters, Dark Angels, Dark Eldar, 'Eavy Metal, Eldar, Eldar symbol devices, Eye of Terror, Fire Warrior, Forge World, Games Workshop, Games Workshop logo, Genestealer, Golden Demon, Gorkamorka, Great Unclean One, Inquisitor, the Inquisitor logo, the Inquisitor device, Inquisitor:Conspiracies, Keeper of Secrets, Khorne, Kroot, Lord of Change, Necron, Nurgle, Ork, Ork skull devices, Sisters of Battle, Slaanesh, Space Hulk, Space Marine, Space Marine chapters, Space Marine chapter logos, Tau, the Tau caste designations, Tyranid, Tyrannid, Tzeentch, Ultramarines, Warhammer, Warhammer 40k Device, White Dwarf, the White Dwarf logo, and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Warhammer 40,000 universe are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2010, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.

Warhammer Fantasy Roleplay
This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

Warhammer Fantasy Roleplay, the Warhammer Fantasy Roleplay logo, WFRP, Chaos, the Chaos device, the Chaos logo, Citadel, Citadel Device, Darkblade, 'Eavy Metal, Forge World, Games Workshop, Games Workshop logo, Golden Demon, Great Unclean One, GW, the Hammer of Sigmar logo, Horned Rat logo, Keeper of Secrets, Khemri, Khorne, the Khorne logo, Lord of Change, Nurgle, the Nurgle logo, Skaven, the Skaven symbol device, Slaanesh, the Slaanesh logo, Tomb Kings, Tzeentch, the Tzeentch logo, Warhammer, Warhammer World logo, White Dwarf, the White Dwarf logo, and all associated marks, names, races, race insignia, characters, vehicles, locations, units, artefacts, illustrations and images from the Warhammer world are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2010, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.

Fanatic
This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

Games Workshop, the Games Workshop logo, Epic, Inquisitor, the Inquisitor logo, Inquisitor:Conspiracies, Battlefleet Gothic, the Battlefleet Gothic logo, Necromunda, the Necromunda Plate logo, the Necromuinda Stencil logo, Mordheim, the Mordheim logo, City of the Damned, Blood Bowl, the Blood Bowl logo, the Blood Bowl Spike device, Fanatic, the Fanatic logo, the Fanatic II logo, Warmaster and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Blood Bowl game, Warhammer 40,000 universe and the Warhammer World are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2010, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.

You might want to check if you've sculpted one of their trademark symbols, as well as the name.

Although many of the Eldar "devices" are simply cribbed from old alchemical reference.

Not like it's the first time they've trademarked items in the public domain.

Trademarks are always conditional, and usually only apply in a particular contesxt. Which is why top brands will have multiple trademarks for the same thing.

Basically if you see one of those trademarks above and have used it you need to research it more to find out what context it applies in.

Many will only apply to similar items in that country.

Oakley Sunglasses and "unobtanium" for example (in the 90s, they trademarked their silicon rubber nosepiece with this name. It gains more traction the wetter it gets. Trademark only applies to nose-pieces and sunglasses in the USA).

How can you TM ork? Its a standard fantasy creature.

"Orc" is a standard fantasy creature.
"Ork" is a uniquely GW creation for 40k.

I see.

Trademark law is daft.

It's not really "trademark law" that's going on there.

The trademark is on their Intellectual Property, or the idea of 40k's "Orks".

this is getting a little off topic... ummm so Can I Cast and sell my DOMT???

Papaskittels wrote:this is getting a little off topic... ummm so Can I Cast and sell my DOMT???

If you are seriously trying to get reliable legal advice off of an internet message board...well, you get what you pay for. Few people are qualified to give you the advice you seek; those of us who are, won't. I am an intellectual property lawyer, but I'm not YOUR lawyer - the risk of liability is way too high if I were to tell you anything you considered to be legal advice, and later got in trouble for.

If it's a good sculpt, you might contact Chapterhouse Studios (http://chapterhousestudios.com/) - they use independent sculptors to create figures and add-ons, and they may be interested in carrying your piece.

Janthkin is right,

But from what I gather from Pyriel at CH and from Mal at Trollforged, if is a completely original sculpt made by you, using no GW parts, and there is no existing model from GW, you are pretty good to go. Especially if it kind of stands on it's own design wise for the most part.

MajorTom11 wrote:Janthkin is right,

But from what I gather from Pyriel at CH and from Mal at Trollforged, if is a completely original sculpt made by you, using no GW parts, and there is no existing model from GW, you are pretty good to go. Especially if it kind of stands on it's own design wise for the most part.

Tell that to ultraforge...

MeanGreenStompa wrote:

MajorTom11 wrote:Janthkin is right,

But from what I gather from Pyriel at CH and from Mal at Trollforged, if is a completely original sculpt made by you, using no GW parts, and there is no existing model from GW, you are pretty good to go. Especially if it kind of stands on it's own design wise for the most part.

Tell that to ultraforge...

Do tell??? Just saw your other thread asking what was going on with them, did you find something out? (no sarcasm just in case it wasn't clear lol)

Their Greater Plague Demon led to Games Workshop sending hatemail of a legal nature.

whatwhat wrote:Here is a list of GW's trademarks...

http://www.games-workshop.com/gws/content/article.jsp?catId=&categoryId=§ion=&pIndex=5&aId=3900002&start=6

General
This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

Adeptus Astartes, Battlefleet Gothic, Black Flame, Black Library, the Black Library logo, BL Publishing, Blood Angels, Bloodquest, Blood Bowl, the Blood Bowl logo, The Blood Bowl Spike Device, Cadian, Catachan, the Chaos device, Cityfight, the Chaos logo, Citadel, Citadel Device, City of the Damned, Codex, Daemonhunters, Dark Angels, Dark Eldar, Dark Future, the Double-Headed/Imperial Eagle device, 'Eavy Metal, Eldar, Eldar symbol devices, Epic, Eye of Terror, Fanatic, the Fanatic logo, the Fanatic II logo, Fire Warrior, Forge World, Games Workshop, Games Workshop logo, Genestealer, Golden Demon, Gorkamorka, Great Unclean One, the Hammer of Sigmar logo, Horned Rat logo, Inferno, Inquisitor, the Inquisitor logo, the Inquisitor device, Inquisitor:Conspiracies, Keeper of Secrets, Khemri, Khorne, Kroot, Lord of Change, Marauder, Mordheim, the Mordheim logo, Necromunda, Necromunda stencil logo, Necromunda Plate logo, Necron, Nurgle, Ork, Ork skull devices, Sisters of Battle, Skaven, the Skaven symbol devices, Slaanesh, Space Hulk, Space Marine, Space Marine chapters, Space Marine chapter logos, Talisman, Tau, the Tau caste designations, Tomb Kings, Trio of Warriors, Twin Tailed Comet Logo, Tyranid, Tyrannid, Tzeentch, Ultramarines, Warhammer, Warhammer Historical, Warhammer Online, Warhammer 40k Device, Warhammer World logo, Warmaster, White Dwarf, the White Dwarf logo, and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Blood Bowl game, the Warhammer world, the Talisaman world, and the Warhammer 40,000 universe are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2010, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.

Warhammer
This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

The Chaos devices, the Chaos logo, Citadel, Citadel Device, the Double-Headed/Imperial Eagle device, 'Eavy Metal, Forge World, Games Workshop, Games Workshop logo, Golden Demon, Great Unclean One, the Hammer of Sigmar logo, Horned Rat logo, Keeper of Secrets, Khemri, Khorne, Lord of Change, Nurgle, Skaven, the Skaven symbol devices, Slaanesh, Tomb Kings, Trio of Warriors, Twin Tailed Comet Logo, Tzeentch, Warhammer, Warhammer Online, Warhammer World logo, White Dwarf, the White Dwarf logo, and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Warhammer world are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2010, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.

Warhammer 40,000
This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

Adeptus Astartes, Blood Angels, Bloodquest, Cadian, Catachan, the Chaos devices, Cityfight, the Chaos logo, Citadel, Citadel Device, Codex, Daemonhunters, Dark Angels, Dark Eldar, 'Eavy Metal, Eldar, Eldar symbol devices, Eye of Terror, Fire Warrior, Forge World, Games Workshop, Games Workshop logo, Genestealer, Golden Demon, Gorkamorka, Great Unclean One, Inquisitor, the Inquisitor logo, the Inquisitor device, Inquisitor:Conspiracies, Keeper of Secrets, Khorne, Kroot, Lord of Change, Necron, Nurgle, Ork, Ork skull devices, Sisters of Battle, Slaanesh, Space Hulk, Space Marine, Space Marine chapters, Space Marine chapter logos, Tau, the Tau caste designations, Tyranid, Tyrannid, Tzeentch, Ultramarines, Warhammer, Warhammer 40k Device, White Dwarf, the White Dwarf logo, and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Warhammer 40,000 universe are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2010, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.

Warhammer Fantasy Roleplay
This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

Warhammer Fantasy Roleplay, the Warhammer Fantasy Roleplay logo, WFRP, Chaos, the Chaos device, the Chaos logo, Citadel, Citadel Device, Darkblade, 'Eavy Metal, Forge World, Games Workshop, Games Workshop logo, Golden Demon, Great Unclean One, GW, the Hammer of Sigmar logo, Horned Rat logo, Keeper of Secrets, Khemri, Khorne, the Khorne logo, Lord of Change, Nurgle, the Nurgle logo, Skaven, the Skaven symbol device, Slaanesh, the Slaanesh logo, Tomb Kings, Tzeentch, the Tzeentch logo, Warhammer, Warhammer World logo, White Dwarf, the White Dwarf logo, and all associated marks, names, races, race insignia, characters, vehicles, locations, units, artefacts, illustrations and images from the Warhammer world are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2010, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.

Fanatic
This web site is completely unofficial and in no way endorsed by Games Workshop Limited.

Games Workshop, the Games Workshop logo, Epic, Inquisitor, the Inquisitor logo, Inquisitor:Conspiracies, Battlefleet Gothic, the Battlefleet Gothic logo, Necromunda, the Necromunda Plate logo, the Necromuinda Stencil logo, Mordheim, the Mordheim logo, City of the Damned, Blood Bowl, the Blood Bowl logo, the Blood Bowl Spike device, Fanatic, the Fanatic logo, the Fanatic II logo, Warmaster and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Blood Bowl game, Warhammer 40,000 universe and the Warhammer World are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2010, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.

You might want to check if you've sculpted one of their trademark symbols, as well as the name.

Lol, wat? Their own site isn't endorsed by Games workshop? What? They clearly do endorse it, if the adress is printed on every box they make..

Samus_aran115 wrote:Lol, wat? Their own site isn't endorsed by Games workshop? What? They clearly do endorse it, if the adress is printed on every box they make..

You've misunderstood. Those are the disclaimers GW wants you to put on your website, depending upon which topic and/or game system you discuss there.

Samus_aran115 wrote:

whatwhat wrote:Here is a list of GW's trademarks...
Lol, wat? Their own site isn't endorsed by Games workshop? What? They clearly do endorse it, if the adress is printed on every box they make..

No, those are boilerplate disclaimers if, for example, you wanted to make your own 40k fan site and be compliant.

IMO (and this is just me and not a leagal viewpoint at all) if this mini looked like a Gw Zoey of DoM, no matter how much of it you sculpted, I would be disappointed.

For a counts as mini to work for me it has to satisfy one basic question: if I played this in another game system and setting would it obviously look like I was using a GW mini?

Providing it added some flavour and a theme it would be good to go.

Well I dont know what you mean Mr. Burning
It is extremely well sculpted and i took 4 weeks to do it

Well is a 10" tall BA huge head zoanthrope "simalar" A games workshop model???

I dont think I understand the question

Papaskittels wrote:Well I dont know what you mean Mr. Burning
It is extremely well sculpted and i took 4 weeks to do it

Well is a 10" tall BA huge head zoanthrope "simalar" A games workshop model???

I dont think I understand the question

This is where, as I understand it, things get complicated.

Is it possible to confuse this for a GW model? If so, GW could take action.
is ti being marketed based on looking like a GW model? Maybe they could build a case.

Basically, though, we are not lawyers! (except for those who are, which does not include me.) If you seriously want to proceed with this, that may be the best route, as they can give you a more definitive answer.

Ok Im going to post pics so you can tell me if it looks like a GW model

Hey, if you're worried about getting sued, I would consult a lawyer in real life and actually get an opinion.

All we can give you is our opinions, and if anyone here is an intellectual property lawyer, they're going to want $$/hour to give you an opinion.