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Breaking down the counts along the different categories we have:

Copyright Claims
160 claims alleged against CHS
-GW won on 1/3 of the claims, including items such as CHS’ Powerfists
-CHS won on 2/3 of the claims, including the use of the underlying shape and size of GW Shoulderpads.

General Trademark Claims
9 claims alleged against CHS
-CHS won all 9 claims, including either no infringement, or fair use of the GW trademarks on CHS’ website.

Disputed Trademark Claims
21 disputed trademark claims alleged against CHS
CHS won 11 claims
GW won 10 claims

GW Trademarks ruled “Previously Used in Commerce” Claims
61 claims alleged against CHS
CHS won 35 claims
GW won 27

Notable Trends and Individual Products Under Dispute
CHS lost on some individual products including:
-Doomseer
-Dark Elf Arch Tortress

CHS won on some individual products including:
-Jetbike
-Super-heavy walker model
-Lizard Ogre

Damages Awarded:
CHS ordered to pay GW damages of $25,000 USD

Both sides may appeal the ruling.

Thoughts and Implications:
It’s looking like however CHS as an entity comes out of this ruling, the implications for the 3rd party industry are profound.

-The ruling of no infringement for the use of the underlying shape and size of GW shoulderpads is now on the legal record.
-Possibly more important is not guilty verdicts on the use of GW trademarks and terms on the CHS website.
-While certain CHS products themselves may disappear from the Earth in the aftermath of this case, it looks like the verdict may have provided a clear blueprint for the 3rd party accessory bits market. One that allows legal use of certain GW trademarks and terms in a way that goes way beyond what Nottingham themselves ever wished to allow.

Author:	Oldman Willow [ Tue Jun 18, 2013 2:58 pm ]
Post subject:	verdict in
Some of you were interested. http://www.tabletopgamingnews.com/2013/06/18/74763/

Author:	Harfoot [ Tue Jun 18, 2013 3:20 pm ]
Post subject:	Re: verdict in
Thanks for posting, i have followed this case recently, looks like a bad day for GW

Author:	Oldman Willow [ Tue Jun 18, 2013 3:37 pm ]
Post subject:	Re: verdict in
Harfoot wrote: Thanks for posting, i have followed this case recently, looks like a bad day for GW I am not going to comment There was also some LOTR hero click news.

Author:	Oldman Willow [ Tue Jun 18, 2013 6:37 pm ]
Post subject:	Re: verdict in
Good link explaing what this means: http://blog.spikeybits.com/2013/06/chap ... t=FaceBook

Author:	Lorindol [ Tue Jun 18, 2013 8:34 pm ]
Post subject:	Re: verdict in
Oldman Willow wrote: Good link explaing what this means: http://blog.spikeybits.com/2013/06/chap ... t=FaceBook Thnnks! I didn't really get it... so this is good news?

The One Ring http://ww.one-ring.co.uk/

verdict in http://ww.one-ring.co.uk/viewtopic.php?f=1&t=26065	Page 1 of 1

Author:	Ukfreddybear [ Tue Jun 18, 2013 9:55 pm ]
Post subject:	Re: verdict in
Good news for 40K players who want to customize their squads/vehicles with non GW bitz.

Author:	Pindergorn [ Wed Jun 19, 2013 1:56 am ]
Post subject:	Re: verdict in
If you read the list of charges and who won them, it actually seems like a draw. Quote: Breaking down the counts along the different categories we have: Copyright Claims 160 claims alleged against CHS -GW won on 1/3 of the claims, including items such as CHS’ Powerfists -CHS won on 2/3 of the claims, including the use of the underlying shape and size of GW Shoulderpads. General Trademark Claims 9 claims alleged against CHS -CHS won all 9 claims, including either no infringement, or fair use of the GW trademarks on CHS’ website. Disputed Trademark Claims 21 disputed trademark claims alleged against CHS CHS won 11 claims GW won 10 claims GW Trademarks ruled “Previously Used in Commerce” Claims 61 claims alleged against CHS CHS won 35 claims GW won 27 Notable Trends and Individual Products Under Dispute CHS lost on some individual products including: -Doomseer -Dark Elf Arch Tortress CHS won on some individual products including: -Jetbike -Super-heavy walker model -Lizard Ogre Damages Awarded: CHS ordered to pay GW damages of $25,000 USD Both sides may appeal the ruling. Thoughts and Implications: It’s looking like however CHS as an entity comes out of this ruling, the implications for the 3rd party industry are profound. -The ruling of no infringement for the use of the underlying shape and size of GW shoulderpads is now on the legal record. -Possibly more important is not guilty verdicts on the use of GW trademarks and terms on the CHS website. -While certain CHS products themselves may disappear from the Earth in the aftermath of this case, it looks like the verdict may have provided a clear blueprint for the 3rd party accessory bits market. One that allows legal use of certain GW trademarks and terms in a way that goes way beyond what Nottingham themselves ever wished to allow. Chapterhouse is no longer allowed to produce entire miniatures to represent unreleased 40K Units, but individual bitz are fair game. Also, Quote: CHS ordered to pay GW damages of $25,000 USD Some comments mention the original claim was actually $400,000 USD.

Author:	Raukov [ Wed Jun 19, 2013 3:47 am ]
Post subject:	Re: verdict in
Could have been better, could have been worse. I'm about the only hobbyist not carrying a banner for chapterhouse - I think their minis are hideous and the reform in GW policy this case has resulted in has killed the concept of second wave releases, which means old plastic kits never being replaced with new ones (I hope WHFB elf players like their ugly core troop minis, they're here to stay) At the same time, I like third party conversion bitz a lot when they're well-designed, and I'd hate to have seen the "not-warhammer-honest" bitz market killed off. That was never a realistic outcome, though, and actually wouldn't benefit GW at all either. The fact that these rulings actually came out in favour of aftermarket conversion parts is a great thing as far as I'm concerned, and it's nice to see fair use upheld too. Overall, then, I'm happy with everything about this verdict.

Author:	Jobu [ Mon Jun 24, 2013 1:21 pm ]
Post subject:	Re: verdict in
It is not just about bitz though, it was about GW trying to own such words as dark elf, space marine, and other such words that have been in common use before GW or citadel existed. Honestly the GW lawyers were snakes, they did not provide documents to the defense and actually resorted to name calling at one point.

Author:	Oldman Willow [ Mon Jun 24, 2013 2:24 pm ]
Post subject:	Re: verdict in
Jobu wrote: It is not just about bitz though, it was about GW trying to own such words as dark elf, space marine, and other such words that have been in common use before GW or citadel existed. Honestly the GW lawyers were snakes, they did not provide documents to the defense and actually resorted to name calling at one point. GW lost the Important parts of the Law suite. They will have little or no legal standing for bullying bloggers. GW representatives name calling I am shocked I understand that the damages paid to GW won't cover the GW lawyers lunch.

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