Thank you, sir!
UPDATE: END OF WEEK 1 Summary
Testomony was heard from:
Alan Merrett (GW head of IP)
Andy Jones (Head of Licensing/Legal)
Gil Steveson (GW Chief Council)
Nick Valluci (Owner of CHS)
Alan Merrett Testimony:
Merrett outlined a general summary of GW's point of view with several points:
- GW takes pride in the "quality and originality" of their products. They do not like when any other company makes miniatures that are based on their own product line, viewing many of these to be of inferior quality. Me mentioned the aftermarket for add-ons "makes us jolly-cross indeed"
Andy Jones Testimony:
Jones laid out many GW points points involving both licensing and financials under questioning:
-GW latest annual numbers reflect revenue of $54 million USD in North american sales. 50% of that was 40K, the other 50% all other GW products sales combined.
-GW was described as having licensing agreements with "big companies", and there is a perception that any such "big companies" would be upset by percieved theft of GW IP. He introduced no evidence of licensees becoming upset having actually occurred.
-GW is concerned that the poor quality of CHS products will rub off or bring down the percieved quality of the GW line in the eyes of licensees. He introduced no evidence of this having actually occurred.
-GW feels that they should get to decide when a product they invent in print and illustration gets to come to market in the form of a physical miniature. When a company such as CHS introduces a competing miniature that was previously unreleased into the market ahead of GW, they consider this this "poisoning the well". Other companies such Kromlech, Maxmini, Scibor, Hitech were listed by name as being examples this concept.
-GW considers the following naming schemes to be acceptable for the aftermarket, applying to all products that interact with their own 40K products:
PRODUCT NAME: "compatible with 28mm science fiction miniatures"
PRODUCT DESCRIPTION: "compatable with Games Workshop [insert exact GW kit title]"
-Said that "anytime CHS made money, that was money GW should have made"
-GW Legal has an "IP Protection Group" which investigates allegations of IP infringement and decides whether/how to proceed. They are usually first alerted to alleged IP infringement by GW customers who they consider to be "our first line of defense as it were".
-GW has 200+ casefiles on organizations and individuals it is investigating for potential legal action against.
Nick Valluci Testmony
-Mr Valluci was examined by GW council vigorously.
-CHS disclosed that its total gross revenue before expenses for a roughly 4 year period in question was @$400,000
-Valluci took home $3000 a month from CHS, while his overseas partner took home $2000 per month.
Evidence Brought Before the Jury:
The following game product was entered into evidence by the Judge over objections from GW council:
[URL="http://www.boardgamegeek.com/boardgame/17490/space-marines"]SPACE MARINES SCIENCE FICTION MINIATURES RULES (1980, Fantasy Games Unlimited)[/URL]
Attachment 4198
Testimony is ongoing.
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Any one else remember the lovely fight between Harmony Gold, and FASA? Reading all this, it sounds like the same basic issue, but that the parts of that fight which didn't get resolved need resolved now.
Reminds me of I think Harmony Gold vs Hasbro, or the Jetfire/ Skyfire looking veritech transformer that was ripped of from Robotech.
The cartoon series had to change the character's name and image.