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Having taken Media Law courses, I have a few points to make.

Wall of text, but so is everything legal-related.

Case Examples
Its not just the models. Its the names. Yes, Games Workshop DOES own names and can have control over that.

Example would be, Star Wars! You guys see light-swords ALL the time in any cheap store... but they are always "Energy Blade" "Light Sword" "Force Sword" etc - never "Light Saber" (and made/sold in a copyright respecting country. In other words, not China.) Light Saber is an owned trademark of George Lucas. Even if the product looks EXACTLY like Luke Skywalker's Light Saber, George wouldn't have much of a case as "energy swords" are not a domain specifically controlled by him. By all means he would have a case to make to shut down all use of "beam swords" - but so would Gundam. Or other older anime or science fiction sources. It gets messy from here on in.

Storm Troopers are not owned by George Lucas. The term that is applicable to any troop type that fits that description. There are Imperial Storm Troopers from Star Wars, and then Imperial Guard Storm Troopers from 40k. There were Imperial Storm Troopers per-se for Imperial Japan in WW2. It is a blanket term applied to a 'unit' type. If I were to make a Sci-Fi game(that isn't a condoned fan-game), call my troopers Imperial Storm Troopers, put them in white space armor. Lucas might have a case. If I put them in white space armor that explicitly looks like a Star Wars Storm Trooper, then I better have a good lawyer handy.


In context to this case.
The same applies here with Games Workshop. Lets use the Tervigon for best example.

GW Tyranid Codex has the term, description, and explanation as to what the Tervigon is. Its a copyrighted, published, mass produced work that they make and sell for a profit. It isn't something they have hidden, unreleased in their desks. The concept of a space bug isn't owned by GW. A breeding space bug isn't their concept. A Tervigon breeding bug for Tyranids, who happen to be space bugs, IS Games Workshop content. Specifically marketing as that, is infringing on GW's IP.

If they named it "Space Breeder Bug" that just happens to fit a certain Carnifex model... even marketed as a "Space Breeder Monster Bug Conversion Kit - Compadible with Sci-fi bug models after some minor conversion work." There may be some raised brows, but GW could not make a good case. Especially if they do not show it with Carnifex model in their pictures.



Content is owned by GW
GW can and does own the content within their rule books. They can not own a common concept, but they can own a unique or product specific title. They just need to prove prior use of it... and the Codex should be plenty. GW had it first. GW has it in a sold medium, the codex, with physical proof that the date/name/concept predates Chapter house's use of it. The model-bits aren't the issue, the naming is.

Games Workshop will not "lose" their model's name or rules. As they own the actual IP title and the rules. Depending on a court ruling, or pretending CH went after them... CH could only 'hurt' GW if GW copied their conversion bits blow for blow... which I assure you likely will not be the case.

Similar Products with Actual Names
In the case of "GW Similar" models like the Eldar units? Title change, problem fixed. Any icons that GW owns rights to would be removed in a court order, if GW won a case...but it certainly would not hurt GW.

In fact, GW producing and releasing models of it's own would HELP its case. In a weird world where CH did sue them for releasing the models the rumors say aren't coming out due to a lawsuit... CH could not win that case unless the court was snorting cocaine the entire procession while simultaneously looking up their own eye of terror.

My skills really exist on the media side of things, and I don't know UK Laws...or how it applies to physical medium. Its been years since I had to pull on my knowledge too, so I could be wrong.

All of this is IMHO with rusty-legal-joints.