Games Workshop v Chapterhouse Studios - Post Trial Events

[gcsmith]

It seems that with these big companies behind them, that CHS is just trying to steal GW IP. Anyone who was aware of the situation should be aware of how CHS was advertising some of their products. I remember when their Doom of Malantai model was advertised as a Doom of malantai, not an alien brain thing, A doom of malantai, blatant IP theft.

Sight, sure GW shouldn't be able to copyright things like maltese cross. But for CHS to keep fighting when all they want to do is make money from GW's hard work just seems petty.

[weeble1000]

It seems that with these big companies behind them, that CHS is just trying to steal GW IP. Anyone who was aware of the situation should be aware of how CHS was advertising some of their products. I remember when their Doom of Malantai model was advertised as a Doom of malantai, not an alien brain thing, A doom of malantai, blatant IP theft.

Sight, sure GW shouldn't be able to copyright things like maltese cross. But for CHS to keep fighting when all they want to do is make money from GW's hard work just seems petty.

Phew...okay...

Chapterhouse did not have anyone behind it at that time. In fact, Chapterhouse Studios did not have anyone behind it when Games Workshop filed a suit on December 21st with no warning whatsoever.

And sure, the prospective product was referred to informally using a name from a Games Workshop book. First, it wasn't offered for sale under any such mark and second, Games Workshop did not sell any such product under that mark. It was a made up word in a book. That is not a trademark.

How in the Hell can you infringe something that isn't a trademark without even using it in connection with a product offered for sale? Bear in mind that this was not part of the Games Workshop v Chapterhouse Studios case. The company that self-described its claim on the lasgun barrel shroud as "crazy" while under oath did not even make that claim in the lawsuit.

I get your point GC, but why don't you think about the implications of being able to claim trademark protection on something that you write in a book? Trademark law would cease to function overnight and neither Chapterhouse nor Games Workshop would enjoy its protections. It cannot work that way.

Have you taken the time to actually look at the claims Games Workshop has made? How about claiming copyright protection on a barrel shroud with an unspecific slanted angle attached to anything vaguely gun-shaped? Even Alan Merrett laughed at that one when he was staring a jury in the face.

If you go to the convenience store to buy a bottle of soda and the clerk tells you that you owe him $1.25 and your pants, are you going to give him your pants just because it is reasonable to pay for your soda? I certainly hope not. Just because Games Workshop made some sensible claims amidst hundreds of bogus ones does not mean Games Workshop should get a free pass on its bogus, overreaching claims.

You yourself say that Games Workshop should not be able to copyright things like the maltese cross. Well, have you considered that this is why Chapterhouse Studios is continuing to fight? Have you considered that it is claims like these, that Games Workshop is now arguing it should have won, that are the reason another highly respected US law firm has taken the case?

[Nabterayl]

I might point out that, while the lay internet tends to go all OMFG LOOK AT HOW GOOD CHAPTERHOUSE'S LAWYERS ARE SQUEEEEEE!!!!!!!!!!, GW's lawyers are just as good. Neither side is getting bullied owing to lack of legal talent here.

[chicop76]

All I got to say I want to see them both burn honestly. CHS for being so brazen before the court case and GW for being GW. I do hope that this case benefit other companies that are doing the same as CHS, but not being so obvious about it.

[Wise Ol Bird]

Read this earlier today and thought of this case
[url]http://lileks.com/bleats/archive/13/1013/102113.html[/url]
(Skip halfway down to where he is Talking about B Vampire movies)

... the cheap studios started cranking out the thrillers as fast as they could. It wasn’t as if there were copyrights on ancient concepts; no one owned the idea of a vampire. But no one wanted to stray too far from the proven winner. If you’re going to do monster horror, it had best be set in some undefined mittle-europa locale where the basics of the genre are in full supply: castles, villages, villagers, and gloom. So:

[daboarder]

there's a big difference between, hey heres some sci-fi stuff.....

and **** it this is a tervigon....

I mean tervigon is completely made up it has no historical context.

[chicop76]

If all else fails CHS can say they copied off Star Ship Troopers. Funny how 40k came out after Aliens and looks and sounds very similar to SST.

[weeble1000]

I might point out that, while the lay internet tends to go all OMFG LOOK AT HOW GOOD CHAPTERHOUSE'S LAWYERS ARE SQUEEEEEE!!!!!!!!!!, GW's lawyers are just as good. Neither side is getting bullied owing to lack of legal talent here.

Except:

A) GW's lead counsel has been personally sanctioned twice, so not a stellar career there.
B) Foley and Lardner has a comparatively dimmer reputation than Winston and Strawn and WilmerHale, though not by much. Foley is a top tier firm. It is in the major leagues, but it isn't the Yankees.
C) Four top-rated firms have now worked on this case pro-bono, counting Paulson's counsel. Four. Nab, at some point I think anyone has to admit that the defense case has plenty of merit when bright, successful partners at influential powerhouse firms look at this case over and over and over and keep saying, "yea, this is worth our time and investment," and when the pro-bono committees at those firms approve the case and approve millions of dollars of work.

It is fair to say that Games Workshop is being represented by a large reputable firm, but plaintiff's defense counsel is not a terribly good representative of that firm.

[daboarder]

If all else fails CHS can say they copied off Star Ship Troopers. Funny how 40k came out after Aliens and looks and sounds very similar to SST.

have you read starship troopers chico? because honestly theres a shed tonne of difference between that and 40k.

So SM's, genetically modified superhumans, who are immortal and live only for war....yeah thats not in Heinlein

And Nids? Those are dinosaurs in space, they are based upon lizardmen more than they are xenomorphs or arachnids, hell its in their name TYRANid

not to mention that there is a massive difference between a homage and a rip.

again, please point to me where the tervigon ever existed before GW published it?

oh and remember GW has a new head of legal department.

[Learn2Eel]

The last two pages of this thread = Not gonna say why though