Senden wrote:

 sourclams wrote:

GW can still put the screws to CH just by downloading their entire catalog, and then producing all of those models and bits at cheaper prices. That would be a market-centric way to go after a competitor that would probably work.

So they're basically safe then?

 Chapterhouse wrote:
Hey Ya'll

First I want to say thank you for keeping up with the last 30 months. Ive personally read all your post and while I didnt say anything I did appreciate the well wishers.

Of note I want to say I did everything I could to reach a settlement with GW that was fair. I knew what the outcome regarding trademarks was going to be (its case law) but they did not see things that way and refused to move from their interpretation of the law.

Secondly, regarding the 25K. It is not an insignificant amount. 2 years ago the company would have been in better shape to handle that cost, but the last 30 months has drained CHS financially and pretty much distracted us from growth. To remedy this I will be releasing a number of products and attempting my first foray into a kickstarter. This will be the defense line terrain pieces and I hope this will help recoup the cost of the last 2.5 years as well as get us back into the competition to release exciting products.

I was fortunate to have such great attorneys and friends (those two are not mutually exclusive now) and without them the market place would still be stifled (not to mention I wouldn't have a company anymore). I can not say how amazing it was that I took part in a huge federal lawsuit, and experience unto itself, but when I was in the courtroom across from GWs 2 attorneys and 1 inhouse councel (Gill Stevenson) I had a team of at least 6 attorneys and 4 support staff around me the whole time. I made great friends and learned so much.

Saying that... well just thank you for all your support.

Nick Villacci
Chapterhouse Studios LLC

 Chapterhouse wrote:
Hey Ya'll

First I want to say thank you for keeping up with the last 30 months. Ive personally read all your post and while I didnt say anything I did appreciate the well wishers.

Of note I want to say I did everything I could to reach a settlement with GW that was fair. I knew what the outcome regarding trademarks was going to be (its case law) but they did not see things that way and refused to move from their interpretation of the law.

Secondly, regarding the 25K. It is not an insignificant amount. 2 years ago the company would have been in better shape to handle that cost, but the last 30 months has drained CHS financially and pretty much distracted us from growth. To remedy this I will be releasing a number of products and attempting my first foray into a kickstarter. This will be the defense line terrain pieces and I hope this will help recoup the cost of the last 2.5 years as well as get us back into the competition to release exciting products.

I was fortunate to have such great attorneys and friends (those two are not mutually exclusive now) and without them the market place would still be stifled (not to mention I wouldn't have a company anymore). I can not say how amazing it was that I took part in a huge federal lawsuit, and experience unto itself, but when I was in the courtroom across from GWs 2 attorneys and 1 inhouse councel (Gill Stevenson) I had a team of at least 6 attorneys and 4 support staff around me the whole time. I made great friends and learned so much.

Saying that... well just thank you for all your support.

Nick Villacci
Chapterhouse Studios LLC

 Chapterhouse wrote:
Hey Ya'll

First I want to say thank you for keeping up with the last 30 months. Ive personally read all your post and while I didnt say anything I did appreciate the well wishers.

Of note I want to say I did everything I could to reach a settlement with GW that was fair. I knew what the outcome regarding trademarks was going to be (its case law) but they did not see things that way and refused to move from their interpretation of the law.

Secondly, regarding the 25K. It is not an insignificant amount. 2 years ago the company would have been in better shape to handle that cost, but the last 30 months has drained CHS financially and pretty much distracted us from growth. To remedy this I will be releasing a number of products and attempting my first foray into a kickstarter. This will be the defense line terrain pieces and I hope this will help recoup the cost of the last 2.5 years as well as get us back into the competition to release exciting products.

I was fortunate to have such great attorneys and friends (those two are not mutually exclusive now) and without them the market place would still be stifled (not to mention I wouldn't have a company anymore). I can not say how amazing it was that I took part in a huge federal lawsuit, and experience unto itself, but when I was in the courtroom across from GWs 2 attorneys and 1 inhouse councel (Gill Stevenson) I had a team of at least 6 attorneys and 4 support staff around me the whole time. I made great friends and learned so much.

Saying that... well just thank you for all your support.

Nick Villacci
Chapterhouse Studios LLC

 Adam LongWalker wrote:

 Chapterhouse wrote:
Hey Ya'll

First I want to say thank you for keeping up with the last 30 months. Ive personally read all your post and while I didnt say anything I did appreciate the well wishers.

Of note I want to say I did everything I could to reach a settlement with GW that was fair. I knew what the outcome regarding trademarks was going to be (its case law) but they did not see things that way and refused to move from their interpretation of the law.

Secondly, regarding the 25K. It is not an insignificant amount. 2 years ago the company would have been in better shape to handle that cost, but the last 30 months has drained CHS financially and pretty much distracted us from growth. To remedy this I will be releasing a number of products and attempting my first foray into a kickstarter. This will be the defense line terrain pieces and I hope this will help recoup the cost of the last 2.5 years as well as get us back into the competition to release exciting products.

I was fortunate to have such great attorneys and friends (those two are not mutually exclusive now) and without them the market place would still be stifled (not to mention I wouldn't have a company anymore). I can not say how amazing it was that I took part in a huge federal lawsuit, and experience unto itself, but when I was in the courtroom across from GWs 2 attorneys and 1 inhouse councel (Gill Stevenson) I had a team of at least 6 attorneys and 4 support staff around me the whole time. I made great friends and learned so much.

Saying that... well just thank you for all your support.

Nick Villacci
Chapterhouse Studios LLC

As I have posted before. Help this guy out. Crowd sourcing is the way to go and in this case since he is kickstarting something lets all go in and buy something from him.

canadianguy wrote:
Think about it, buy one fig scan and print hundredssssss huge impact!!!!!!!!!!!!

 Howard A Treesong wrote:
Wish all the best for CHS, it takes a lot for a small company to be stuck in legal proceedings for two and a half years and come out the other side.

I see some people can't accept that the case is now settled with some losses on both sides. Clearly the court didn't satisfy them so instead they now post wishes that CHS won't be able sell any new product. That's really sad, it's in our interests that more companies exist to offer more choice and enriched the hobby.

 Chapterhouse wrote:
Hey Ya'll

First I want to say thank you for keeping up with the last 30 months. Ive personally read all your post and while I didnt say anything I did appreciate the well wishers.

Of note I want to say I did everything I could to reach a settlement with GW that was fair. I knew what the outcome regarding trademarks was going to be (its case law) but they did not see things that way and refused to move from their interpretation of the law.

Secondly, regarding the 25K. It is not an insignificant amount. 2 years ago the company would have been in better shape to handle that cost, but the last 30 months has drained CHS financially and pretty much distracted us from growth. To remedy this I will be releasing a number of products and attempting my first foray into a kickstarter. This will be the defense line terrain pieces and I hope this will help recoup the cost of the last 2.5 years as well as get us back into the competition to release exciting products.

I was fortunate to have such great attorneys and friends (those two are not mutually exclusive now) and without them the market place would still be stifled (not to mention I wouldn't have a company anymore). I can not say how amazing it was that I took part in a huge federal lawsuit, and experience unto itself, but when I was in the courtroom across from GWs 2 attorneys and 1 inhouse councel (Gill Stevenson) I had a team of at least 6 attorneys and 4 support staff around me the whole time. I made great friends and learned so much.

Saying that... well just thank you for all your support.

Nick Villacci
Chapterhouse Studios LLC

 Breotan wrote:
Did we ever get a copy or quote of the Final Judgement posted in this thread?

 Kilkrazy wrote:
Yes, the disadvantage of the settlement in court is that it creates precedents.

Once, however, the pro bono firm that came in for CHS, saw the weakness of the GW's case, they would have wanted to bring it to a conclusion in course. GW were trapped.

 odinsgrandson wrote:

Not really. They could have settled out of court with a gag order. That basically would mean that GW would have dropped the case for a minimal fee from CHS (or even paid CHS) but made them sign a contract never to disclose the terms.

 odinsgrandson wrote:

 Kilkrazy wrote:
Yes, the disadvantage of the settlement in court is that it creates precedents.

Once, however, the pro bono firm that came in for CHS, saw the weakness of the GW's case, they would have wanted to bring it to a conclusion in course. GW were trapped.

Not really. They could have settled out of court with a gag order. That basically would mean that GW would have dropped the case for a minimal fee from CHS (or even paid CHS) but made them sign a contract never to disclose the terms.

That way, they could make it look like they won this to the public. Now, we have a court precedent that tells us exactly what 3rd party manufacturers are allowed to do, and what they aren't.

And what they are allowed to do includes advertising using the names of Games Workshop products that are compatible with their lines.

This docket entry was made by the Clerk on Wednesday, June 19, 2013:
proceedings will be required regarding plaintiff's request for an injunction. (mk)MINUTE entry before Honorable Matthew F. Kennelly: Nunc pro tunc 6/17/2013: Jury deliberations concluded. Verdict returned in open court. A judgment will not be entered at this time pending further discussions regarding the form of the judgment given the complexity of the verdict form. The deadline for filing motions pursuant to Rules 50 and 59 relating to the jury's verdict is 7/15/2013. A status hearing is set for 6/20/2013 at 9:30 a.m. to address that point as well as what further

This docket entry was made by the Clerk on Wednesday, June 19, 2013:
MINUTE entry before Honorable Matthew F. Kennelly: Status hearing set for 6/20/2013 at 9:30 AM. (mk)

czakk wrote:
Press Release from the Pro Bono Lawyers:

http://www.winston.com/index.cfm?contentID=30&itemID=4587

June 17, 2013
Winston & Strawn Defeats Hundreds of Trademark and Copyright Infringement Claims on Behalf of Pro Bono Client

Cutting-Edge Decision Protects Industries from Litigation Blocking Add-On Products

CHICAGO, IL – In a classic David-versus-Goliath battle, Winston & Strawn LLP represented Chapterhouse Studios LLC on a pro bono basis in a cutting-edge federal trademark and copyright dispute in the Northern District of Illinois (Games Workshop Limited v. Chapterhouse Studios LLC 1:10-cv-8103). The verdict of this jury trial, held in June 2013 before Judge Matthew Kennelly, confirms that copyright and trademark law should not be used to block add-on products. Winston & Strawn has litigated the case since 2010, and co-counsel law firm Marshall Gerstein joined the matter in 2012.

“This was a classic case of trademark and copyright bullying by a much bigger Plaintiff,” said Jennifer Golinveaux, partner in Winston & Strawn’s San Francisco office. “I am proud of the investment made by the firm, and the many attorneys who devoted themselves to making sure the intellectual property laws were not misused to squash a much smaller player.”

Games Workshop manufactures Warhammer 40,000, a tabletop battle game that works with armies of miniature figures and vehicles, while Chapterhouse sells customized add-on parts for the figures and vehicles used in the game. The United Kingdom-based Games Workshop, a company with $200 million per year in revenues, alleged more than 200 claims of copyright and trademark infringement against Chapterhouse, a small business run out of an individual’s garage in Texas. Games Workshop argued that it was seeking a complete shutdown of Chapterhouse’s entire business and although Games Workshop initially sought over $400,000 in damages, by the end of the two-week jury trial, the plaintiff dropped its damages demand to only $25,000.

The jury deliberated for more than two days and found that Chapterhouse could continue to make and sell over a hundred products without fear of copyright infringement. The jury also confirmed that Chapterhouse could continue to use most of Games Workshop’s asserted trademarks when selling compatible parts, including all nine of Games Workshop’s registered trademarks. Together with the summary judgment wins, the jury’s verdict confirmed Chapterhouse can continue to make and sell 111 products that Games Workshop hoped to block using copyright laws, and can continue to use 104 words and phrases that Games Workshop said were trademarked.

Imron Aly, lead trial attorney and partner in Winston & Strawn’s Chicago office added, “It was a pleasure to represent a small entrepreneur like Nicholas Villacci of Chapterhouse, who has a passion for his work and wanted to see his business survive.”

Julianne Hartzell, partner at co-counsel law firm Marshall Gerstein added, “We are proud that we were able to help protect Chapterhouse against the overreaching claims made by Games Workshop in such a substantial trademark and copyright dispute.”

czakk wrote:
Two Docket entries:

This docket entry was made by the Clerk on Wednesday, June 19, 2013:
proceedings will be required regarding plaintiff's request for an injunction. (mk)MINUTE entry before Honorable Matthew F. Kennelly: Nunc pro tunc 6/17/2013: Jury deliberations concluded. Verdict returned in open court. A judgment will not be entered at this time pending further discussions regarding the form of the judgment given the complexity of the verdict form. The deadline for filing motions pursuant to Rules 50 and 59 relating to the jury's verdict is 7/15/2013. A status hearing is set for 6/20/2013 at 9:30 a.m. to address that point as well as what further

This docket entry was made by the Clerk on Wednesday, June 19, 2013:
MINUTE entry before Honorable Matthew F. Kennelly: Status hearing set for 6/20/2013 at 9:30 AM. (mk)

Automatically Appended Next Post:
Nunc pro tunc is lawyer for "retroactively", now for then, or a clerical correction of a past judgment (fixing mistakes / typos).

Rule 50: http://www.law.cornell.edu/rules/frcp/rule_50

Rule 59: http://www.law.cornell.edu/rules/frcp/rule_59

 azreal13 wrote:
Would it be reasonable to think that GW would be going after an injunction to prevent the exact nature of what marks had been won and lost from going public? Thus preventing other 3rd party manufacturers knowing for certain where the line has been drawn?

 RiTides wrote:

Wow...

Also, czakk- Could you explain what you just posted in the post above mine? I'm not sure what that means... does that mean we won't be seeing the "official" judgement right away "due to the complexities", or...?

 Chapterhouse wrote:
Hey Ya'll

First I want to say thank you for keeping up with the last 30 months. Ive personally read all your post and while I didnt say anything I did appreciate the well wishers.

Of note I want to say I did everything I could to reach a settlement with GW that was fair. I knew what the outcome regarding trademarks was going to be (its case law) but they did not see things that way and refused to move from their interpretation of the law.

Secondly, regarding the 25K. It is not an insignificant amount. 2 years ago the company would have been in better shape to handle that cost, but the last 30 months has drained CHS financially and pretty much distracted us from growth. To remedy this I will be releasing a number of products and attempting my first foray into a kickstarter. This will be the defense line terrain pieces and I hope this will help recoup the cost of the last 2.5 years as well as get us back into the competition to release exciting products.

I was fortunate to have such great attorneys and friends (those two are not mutually exclusive now) and without them the market place would still be stifled (not to mention I wouldn't have a company anymore). I can not say how amazing it was that I took part in a huge federal lawsuit, and experience unto itself, but when I was in the courtroom across from GWs 2 attorneys and 1 inhouse councel (Gill Stevenson) I had a team of at least 6 attorneys and 4 support staff around me the whole time. I made great friends and learned so much.

Saying that... well just thank you for all your support.

Nick Villacci
Chapterhouse Studios LLC