Forum adverts like this one are shown to any user who is not logged in. Join us by filling out a tiny 3 field form and you will get your own, free, dakka user account which gives a good range of benefits to you: No adverts like this in the forums anymore. Times and dates in your local timezone. Full tracking of what you have read so you can skip to your first unread post, easily see what has changed since you last logged in, and easily see what is new at a glance. Email notifications for threads you want to watch closely. Being a part of the oldest wargaming community on the net. If you are already a member then feel free to login now.

 Kid_Kyoto wrote:



George Lucas didn't invent Storm Troopers but I'd think very carefully before making sci fi toys called Storm Troopers (I was shocked GW did).

After Lucasfilm lost a case with the gent who created the armour, there is now a whole raft of Original Stormtrooper goods from bookends through lunchboxes to beers. You'll never see 'Star Wars' on that packaging though. I think Original Stormtrooper cannot be sold in the USA though due to Lucasfilm winning the case there.

Trademark related law seems very fluid and liable to change based on who has the most money to keep cases going and the best turn of phrase in court.

Back on topic.

Rough Riders, Grimdark Cavalry, Hoobleflumps. I care not what they are called, this rose by any other name will still smell as sweet and look tiptop on the tabletop based on the Halflings I received from the last KS. I may even display an updated "I'm a Backer' avatar if one is made available.

I ain't saying GW would win a case if they sued over the use of the term 'Rough Riders' (or 'Imperial Guard' or when DC comics had a superhero team called the 'Ultra Marines') but unless your money bin is full to overflowing I would recommend against taking the risk.

I would also recommend GW not spend the time or money, but as we have seen they sometimes will.

Interesting point on the Storm Troopers, I never heard that before.

One of the UK department stores, Marks and Spencers, did a fine chocolate Original Stormtrooper Easter 'egg' a couple of years back.

That was the first time I'd ever heard of the case and wondered about the 'Original' tag and lack of Star Wars on the packaging.

And it all boiled down to the use of red clay over another artist's grey clay.

https://www.originalstormtrooper.com/our-story-46-w.asp

Much like Chapterhouse, these guys were fortunate other lawyers jumped in to help them out.

"Lucasfilm then looked to enforce the American copyright ruling in the UK and brought the case to the High Court in London. After an appeal in The Times Andrew received offers from leading barristers to represent him in the case."

LOL funny.

Wasn't there something similar with Dr Who and K-9?

Anyway, to use perhaps a clearer example - GI Joe was a slang term for an American soldier.

It was later used for a long running line of toys, cartoons, movies etc.

Therefore I would advise against someone calling a line of Space Americans GI Joe. Somewhere in their background it is fine to say "like the American GI Joes of World War II, these future Americans fight on..." but if you name the product GI Joe then there is a trademark issue and Hasbro would win.

Once a company is using a name, no one else should make use of that name or they invite a trademark dispute.

This is a complex area of the law (can you name a line of Spanish American war miniatures Rough Riders? I legit do not know) but unless you want to risk using money and time to fight it out, why invite the trouble.

"And so like the Light Brigade of the Crimean War or the Rough Riders of the Spanish American War Vic's line of Desert World Space Cavalry fight on..."

The BBC now owns the trademark for the police public call box because they kept using it after the met stopped.

But yeah trade marks are not the same as copy rights, and turning some word(s) into a trademark doesn’t mean other people can’t use the same word(s) for something else. Just that using the same words for a similar product in a way that the public (the legendary “reasonable person” imagined by the law) might find confusing is likely to leave you open to lawsuits and other legal problems.

It maybe that GW is going to use Attilan Rough Riders as a distinction.

But it doesn’t look like GW has or claimed rough riders as there trademark.
Probably wouldn’t be worth the effort for them.
But it’s always worth asking a expert specifics.

It doesn’t help there is hundreds of rough riders trademarks, some in toys all ready.
And one specific to horse riding in Australia.
Would be a tough one for GW.

Moving on...

Siocast Halfling snipers are on retail, $50 a squad.

https://victoriaminiatures.com/products/halfling-snipers-10-man-squad-1

Looks like the Rough Rider KS went live today...and is already ~689% funded. So, uh, no worries if you can't put anything towards it, I guess?

https://www.kickstarter.com/projects/victoriaminiatures/project-warhorse-rough-rider-miniatures

Just a pic of the bits from the STL reward tier.
To lure in the any browsing the thread, who might not yet know they need cavalrymen that maybe a little hoarse. .
Because it's a synonym for rough.
Okay that did sound better in my head.

Thanks for the reminder. Love her stuff.

 OldMate wrote:

Okay that did sound better in my head.