Well it seems that in their rush to “defend” their IP, Games Workshop may have opened up a Pandora’s box of legal precedents against themselves.
Most damning of all I think is the fact that GW admitted in court the statement that “Games Day is everyone’s chance to preform our favorite hobby activity; buying stuff from them”.
Cool, thanks GW for that “opportunity”. How about you concentrate on producing enough product for releases and stop doing us any “favors”?
They appear to be losing market share quick, and at this rate I shutter to think what the gaming scene will look like in 5-10 years.
It also looks likes a green light has been given to showing off and using pictures of GW merchandise to sell and describe other products, and use their proper names as well.
That is a very dangerous precedent to have against you, especially when it’s such a hot button “free speech/ internet” issue that can easily be picked up pro-bono by any legal counsel specializing in “liberties”.
I also think the ruling was a tad lopsided for GW as well. Sure they won on the points where Chapterhouse appeared to be clearly in the wrong, but the expenses GW incurred to foot their side of the trial (plus all the damning rulings that were handed down) I think Chapterhouse, as of right now, is emerging as the clear victor.
Checkout the overall summary from Friday’s court ruling below courtesy of Apocalypse 40k, and BoLS.
The Games Workshop vs. Chapterhouse Studio lawsuit has been a topic of conversation for over a year now and now it is over (almost). And frankly, GW lost and I am happy they got slammed. They deserved it due to their constant corporate overeach and claim of trademarks they don’t own.
From BoLS:
The jury is done and we have a verdict.
Some initial notes:
This is a Jury Verdict, and has not yet become a Final Judgement
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.
About the Author: Rob Baer
Rob Baer
Job Title: Managing Editor
Founded Spikey Bits in 2009
Socials: Rob Baer on Facebook and @catdaddymbg on X
About Rob Baer: Founder, Publisher, & Managing Editor of Spikey Bits, the leading tabletop gaming news website focused on the hobby side of wargaming and miniatures.
Rob also co-founded and currently hosts the Long War Podcast, which has over 350 episodes and focuses on tabletop miniatures gaming, specializing in Warhammer 40k. and spent six years writing for Bell of Lost Souls.
Every year, along with his co-hosts, he helps host the Long War 40k Doubles Tournament at Adepticon and the Long War 40k Doubles at Las Vegas Open, which attracts over 350 players from around the world.
Rob has won many Warhammer 40k Tournaments over the years, including multiple first-place finishes in Warhammer 40k Grand Tournaments over the years and even winning 1st place at the Adepticon 40k Team Tournament.
With over 30 years of experience in retail and distribution, Rob knows all the products and exactly which ones are the best. As a member of GAMA (Game Manufacturers Association), he advocates for gaming stores and manufacturers in these difficult times, always looking for the next big thing to feature for the miniatures hobby, helping everyone to provide the value consumers want.
While he’s played every edition of Warhammer 40k and Warhammer Fantasy (since 5th Edition) and has been hobbying on miniatures since the 1980s, Titans of all sizes will always be his favorite! It’s even rumored that his hobby vault rivals the Solemnance Galleries, containing rulebooks filled with lore from editions long past, ancient packs of black-bordered Magic Cards, and models made of both pewter and resin.
