Legalwatch: Chapterhouse vs Games Workshop - Appeal filed

[Kevin Boyd]

Chances are they are appealing the ruling of what constitutes intellectual property and what they have to pay Games Workshop in royalties.

[URL="http://www.brickarms.com/"]http://www.brickarms.com/[/URL] had the same issue with LEGO

[weeble1000]

I like how the negativity has gone from 'GW kicked Chapterhouse's thieving butt,' to 'I can't believe Chapterhouse is appealing after they already won'.

I think it is interesting to note that GW has not appealed. GW can still cross-appeal, but if CHS had not filed a notice of appeal, GW would have by now lost its opportunity to appeal.

Remember that the jury found that Chapterhouse's 'compatible with' trademark use fell within fair use, e.g. "Space Marine Compatible Bits" and "Specializing in Custom Bits and Sculpts for Warhammer 40,000 and Fantasy." Did GW not want to appeal findings like this?

[Ghostofman]

It's a bit of a game in itself.

Chapterhouse is appealing because it's what they can (and therefore should) do. Appealing means GW has to spend more lawyer money to defend against the appeal, come to a settlement, or just give up lose the appeal. More then likely CH is hoping GW will either settle or give up rather then pay the legal bills to fight this to the bitter end.

[Mr Mystery]

I thought GW had long since appealed?

[weeble1000]

I thought GW had long since appealed?

Where do these ideas come from? It's like wishlisting army rules before a codex is released.

In fact, if Chapterhouse had not filed a notice of appeal, Games Workshop would now be way past its ability to do so. Because Chapterhouse Studios filed an appeal, Games Workshop now has a limited time frame in which to file a cross appeal, and may yet not do so.

Watching a lawsuit unfold can seem like watching two aliens have a conversation while wearing a blindfold, but the basic process is pretty straightforward:

Pre-trial, trial, post-trial, appeal

GW filed a lawsuit, it went through pre-trial litigation, progressed to a jury trial, the jury made a decision, that decision was upheld by the trial judge, and now Chapterhouse has filed an appeal.

If GW had filed an appeal, it would have been just as much news as it is that Chapterhouse filed an appeal, and I'm sure there would have been many predictions of swift victory here in the BOLS Lounge. If GW ever decides to file its own appeal, I'm sure it will be posted about in record time.

[Psychosplodge]

Why would GW be out of time to appeal if CHS aren't?

[Mr Mystery]

It's like I have my own personal Troll.

How dare I have a differing opinion, and a gap in knowledge. Bad Mr Mystery! Dirty Mr Mystery! In your bed, on your rug!

Now, anyways...

I thought the other thread (was in General 40k, now, who knows!) had GW appealing a while back?

[Psychosplodge]

I certainly recall the suggestion had been made in another thread that both already had.
*shrugs* who knows?

[Mr Mystery]

Well clearly not me, seeing as I took the frankly outrageous step of trying to clarify missing information with a perfectly civil and open question!

[weeble1000]

Well clearly not me, seeing as I took the frankly outrageous step of trying to clarify missing information with a perfectly civil and open question!

I think a comparison to rumor wishlisting is perfectly appropriate. The correct information is available, has been discussed, and the misinformation has been corrected more than once. There has been a ton of misinformation about this case over the years spread around on these boards in particular, mostly because people just jump in and say things, predominantly fueled by pro-GW bias. All the while there have been folks spending their time attempting to keep people properly informed as to the facts.

If you were in a Tyranid thread posting that Mycetic Spore Pods were in the new Tyranid codex I daresay some responses would be a touch uncivil.

In any case, the appeal issue is very simple. Both parties have the same amount of time in which to file a notice of appeal. Chapterhouse Studios filed its notice on the last day to do so. GW filed no notice on that day, ergo, if CHS had not filed its notice, GW would have also not filed one and there would have been no possible appeal.

However, once a party does file an appeal, the opposing party then has a new length of time in which to file a cross appeal.

Incidentally, here are two relevant posts that came before Mystery's post in a two page thread:

The Federal Rules of Civil Procedure have strict deadlines to file any appeal. If Chapterhouse waited for GW to appeal, it may have been too late to also appeal. As for who appeals, first it doesn't matter. You can cross-appeal within a few days of another party appealing. I expect GW to Cross-Appeal Chapterhouse's appeal.

As for why, I would say the terms of the Permanent Injunction are sufficient grounds. The order pretty much clamps down on a lot of Chapterhouse's arguments including a determination that Chapterhouse waived a few key arguments. Legally, it wouldn't be too good to let that pass by unchallenged.

However we won't know exactly what issues they are appealing until the briefs are filed.

Most likely the 7th Cir will just uphold the jury verdict unless some key issue of law prior to trial wasn't applied correctly by the Trial Judge.

I think it is interesting to note that GW has not appealed. GW can still cross-appeal, but if CHS had not filed a notice of appeal, GW would have by now lost its opportunity to appeal.

Remember that the jury found that Chapterhouse's 'compatible with' trademark use fell within fair use, e.g. "Space Marine Compatible Bits" and "Specializing in Custom Bits and Sculpts for Warhammer 40,000 and Fantasy." Did GW not want to appeal findings like this?