Donations for Chapterhouse Legal Defense and third-party parts

[chapterhousestudios]

OK how do I go about this..

I was not lying when I said Chapterhouse Studios has been expecting this to happen (but hoping it did not). GW has too much of a reputation for using its size and legal muscle to shut out any threat to the market they are in.


If this goes to trial, there will be a high cost involved in it that Chapterhouse Studios will likely be shouldering alone. If the outcome is favorable it can only add to the experience and hobby (or so I believe). Saying that, I would like to ask for donations to fund this defense. I hate asking for a handout so if we do come out of this in working order, I intend to give full credits in exchange for those donations given and I am keeping track.

If you feel you can contribute, that is great, if not, well we have received too many emails to count giving good wishes.

If you feel like donating (any amount helps honestly even $5.00). Click on the button below.
[url=https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=WAFV9AUDDQG7G]
[/url]

Sincerely,
Nick Villacci
Chapterhousestudios.com

[Aldramelech]

I have to say that Ive never bought any of your products and was only vaguely aware that your company existed, when I saw this thread I had to google you to find out what you did, hardly an earthshaking threat to the GW empire is it?

I think your providing products that complement GW's figures nicely without in any way being any kind of commercial threat to them and their legal action is petty and vindictive in the extreme. If they provided some of the items you sell that would be different but the way I see it, GW seem intent on alienating the hobby community by throwing their weight around.

Good luck to you.

[Col.Gravis]

I'm afraid it was envitable given your use of GW IP, where you could have tiptoed you went all out blatently using GW trademarks etc. Even though now you've switched to colonial guard rather then Imperial Guard, and space bugs rather then Tyranids for example, it's too little too late. As you say you knew full well that GW was likely to come knocking sooner or later yet you've done yourselves no favours.

I hope none of you guys lose out personally, but Chapterhosue as a business is probably done, and personally I don't feel thats GW's fault.

[Gotthammer]

As much as I don't want to see Chapterhouse go down, the company is trading using GW's tradmarks, and if GW doesn't take action to stop it that'll be enough to lose said trademarks in many areas.
I was very surprised the day I looked at the Chapterhouse website and everything was switched from generic 28mm mini names to using the 'real' terms.

Looking at the docs ([URL="http://207.41.16.133/rfcViewFile/10cv8103.pdf"]link here[/URL]) it seems the Tau walker was the final straw for them, as well as customer complaints thinking they were linked like Forge World:

31. Upon information and belief, all of the items produced, marketed, and sold by
Chapterhouse (including the “Super-Heavy Assault Walker” designed at least in part by Paulson
Games) have been copied from (and infringe upon) Games Workshop’s copyrighted characters
and stories and sculptural works.

32. Similarly, at least 14 of the 15 items produced, marketed, and sold by Paulson
Games have been copied from (and infringe upon) Games Workshop’s copyrighted characters
and stories and sculptural works.

37. Beyond the copying of protected original elements of Games Workshop’s
copyrighted works, Chapterhouse makes extensive unauthorized use of Games Workshop’s
trademarks.

41. As a result of the foregoing, Games Workshop has received many customer
complaints and inquiries about Chapterhouse’s products, indicating that customers are confused
and will continue to be confused as to the origin and sponsorship of Chapterhouse’s products,
including whether Games Workshop has licensed Chapterhouse or otherwise given it authority to
produce the products being sold through the Website.

44. Chapterhouse’s use of the Games Workshops trademarks, including without
limitation the marks WARHAMMER, WARHAMMER 40,000, 40K, SPACE MARINE,
CHAOS SPACE MARINES, ELDAR, ELDAR FARSEER, ELDAR JETBIKE, ELDAR
WARLOCK, ELDAR SEER COUNCIL, TYRANID, ADEPTUS MECHANICUS, BLOOD
ANGELS, DARK ANGELS, BLOOD RAVENS MARINES, IMPERIAL GUARD, BLACK
TEMPLARS, ALPHA LEGION, BONESWORD, CARNIFLEX, CRIMSON FISTS, FLESH
TEARERS, GENESTEALER, GAUNT, HERESY ARMOUR, HORUS HERESY, HOWLING
GRIFFONS, IRON HANDS, IMPERIAL FISTS, LASHWHIP, LEGION OF THE DAMNED,
LIGHTNING CLAW, LIONS RAMPANT, LUNA WOLVES, MANTIS WARRIORS, MK
ARMOUR, MYCETIC SPORE, RHINO, SALAMANDER, SONS OF RUSS, SOUL
DRINKER, SPACE WOLVES, STAR FOX, SWARMLORD, TECHMARINES, TAU,
THUNDER ARMOUR, THUNDER HAMMER, TERMAGANTS, TERVIGON, and YMGARL
(among others) are likely to cause confusion, to cause mistake, or to deceive.


[Trademark Infringement by Chapterhouse Under 15 U.S.C. § 1114(1)]

54. Chapterhouse’s use in commerce of the WARHAMMER Registered Marks is
likely to cause confusion, or to cause mistake, or to deceive.
55. The foregoing conduct of Chapterhouse constitutes trademark infringement in
violation of 15 U.S.C. §1114(1).


[Violation by Chapterhouse of the Illinois Anti-Dilution Statute, 765 ILCS 1036/65]

70. Chapterhouse’s use in commerce of the WARHAMMER Marks causes dilution of
the distinctive quality of Plaintiff’s WARHAMMER Marks.

A lot of it ('unfair competition' - really GW?) is stupid, but that's lawyers everywhere - the rest looks cut and dried to me, unfortunately.

[Denzark]

"Oi Mister Chapter house, give me some resin goodness for free?"
"Free? Surely not Mr Denzark?"
"Yes free, gratis, and for nothing my friend"
"Well I couldn't possibly do that."
"Why not Mr CHS fella?"
"Well, I have created said resiny goodness by the sweat from my brow. The designs are mine, and I should be rewarded at profit for my imagination. Why, you can't possibly think I'll be out of pocket just to suit you, do you?"
"OK, never mind thanks anyhoo."

Now substitute CHS for GW and CHS for Denzark, you might get some perspective...

[Lockark]

I'm afraid it was envitable given your use of GW IP, where you could have tiptoed you went all out blatently using GW trademarks etc. Even though now you've switched to colonial guard rather then Imperial Guard, and space bugs rather then Tyranids for example, it's too little too late. As you say you knew full well that GW was likely to come knocking sooner or later yet you've done yourselves no favours.

I hope none of you guys lose out personally, but Chapterhosue as a business is probably done, and personally I don't feel thats GW's fault.

I have to kinda agree with Gravis here. You guys kinda shot your selves in the foot on that one.

=/

Personally I find that a huge shame. I wish there were more 3rd part/After Market Conversion Parts for models out there. Seeing you guys go will be a shame.

[Spider-pope]

You knowingly infringed on GW's intellectual property, the only surprising thing is that it took them this long to take legal action against you.
In this instance GW is hardly petty or vindictive. They have no choice but to defend their IP when it's infringed, otherwise it sets up a precedent that would allow any tom dick or harry to infringe it too without consequence. So while Chapterhouse is arguably a benign infringement, GW Legal still have to crack down on you because the next company to try may not be doing so out of a genuine fondness for the hobby.

[chapterhousestudios]

*

[Spider-pope]

Unfortunately (or fortunately) it is all not as clear cut as many of you think. There is a right for other entities to refer to trademarks in regard to their products. It is called "nominal use". It is the same way companies refer to Ipod accessories and certain model car parts.

I wont bore you all with the details in any case, you either agree or disagree with GW or Chapterhouse Studios. I wish the fans would educate themselves regarding the laws though.

I'm well aware of the nominal use clause, but you are not simply "referring" to GW trademarks, as anyone who has seen your Tau walker can attest.
I don't wish you to suffer any monetary loss nor legal troubles, but surely you must have realised it was only a matter of time before GW's legal team came knocking.

I won't continue any arguement, i'll just wish you and your associates good luck and hope you dont come out of this too out of pocket.

[Denzark]

I wont bore you all with the details in any case, you either agree or disagree with GW or Chapterhouse Studios. I wish the fans would educate themselves regarding the laws though.

Well this is quite sharp for someone asking for help. I'm sorry us poor thickos don't understand your point, and need to educate ourselves.

A reasoned response would be, seeing as you are so clear that what you were doing is legal, why don't you try fighting your legal position without any donations?

As you will surely be able to get someone to lend you any amount of money based on your 100% guarantee you were acting legally - you can pay them back when the courts award you costs the other side.