Follow along with all the highs and lows from the Chapterhouse Vs. Games Workshop case- the last time GW went to court over copyrights.
Depending on who you ask, back 7-8 years ago in their rush to “defend” their copyrights, Games Workshop may have opened up a Pandora’s box of legal precedents against themselves.
In 2013 they were losing market share quickly to up-and-coming FFG among others, as they set about to quash a little studio called Chapterhouse that was able to get unreleased models and upgrades to market quicker than Games Workshop could produce them itself (sound familiar any?).
This all may have just been a precursor to the eventual battle against 3d miniatures/ artists that is starting to unfold now.
It also signaled a shift in the labeling and marketing of GW products to be more “on brand” and “copyright-able them”, however, the damage from the Chapter House case really opened the door up for smaller studios to market products for the Wargaming hobby more easily as well.
Follow along below with all the developments from the Chapterhouse case, along with the summary that is so important to today’s marketplace.
- Who Copyrights The Tabletop? 11/11/2014
- Has Chapterhouse Studios Disappeared? 11/6/2014
- NEWS – Chapterhouse’s Assets Frozen 10/16/2014
- FTN Podcast Bonus #3 Chapterhouse Vs. GW 06/22/2013
- Chapterhouse Declares Victory in Court Case 06/18/2013
- GW Vs Chapterhouse- Verdict & Reflection 06/15/2013
- GW Vs. Chapterhouse Goes Bad? 06/03/2013
Chapterhouse & The Last Time GW Went To Court Over Copyrights
Check out the overall summary of the court ruling below courtesy of Apocalypse 40k.
You can also access the full PDF as well here from casetext.
- 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.
Let us know in the comments of our Facebook Hobby Group, and make sure you enter the latest monthly giveaway for FREE today! You can also support us on Patreon and get ad-free access to the site, plus a ton of minis that helps support some of the best creators out there!
About the Author: Rob Baer
