by killmaimburn » Sun Jun 16, 2013 7:06 pm
Some initial notes:This is a Jury Verdict, and has not yet become a Final JudgementBreaking down the counts along the different categories we have:Copyright Claims160 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 Claims9 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 Claims21 disputed trademark claims alleged against CHSCHS won 11 claimsGW won 10 claimsGW Trademarks ruled "Previously Used in Commerce" Claims61 claims alleged against CHSCHS won 35 claimsGW won 27Notable Trends and Individual Products Under DisputeCHS lost on some individual products including:-Doomseer-Dark Elf Arch TortressCHS won on some individual products including:-Jetbike-Super-heavy walker model-Lizard OgreDamages Awarded:CHS ordered to pay GW damages of $25,000 USDBoth 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.
ruffian4 wrote:Handy fellow, this kmb...Like Ahriman delving the paths of the webway ...
by Spack » Sun Jun 16, 2013 9:31 pm
by Baragash » Sun Jun 16, 2013 10:20 pm
by Darklighter » Mon Jun 17, 2013 12:31 pm
by markb » Mon Jun 17, 2013 12:55 pm
by Darklighter » Mon Jun 17, 2013 1:09 pm
by markb » Mon Jun 17, 2013 1:28 pm
by BANE » Mon Jun 17, 2013 1:34 pm
by Darklighter » Mon Jun 17, 2013 2:07 pm
by Baragash » Mon Jun 17, 2013 2:53 pm
BANE wrote:they are very widely been condemned for how they have gone about things.
by BANE » Mon Jun 17, 2013 3:08 pm
by Baragash » Mon Jun 17, 2013 4:49 pm
BANE wrote:GW did the right thing by claiming everything was there's, its a case of throw enough mud and some of its going to stick!
BANE wrote:Everyone knows that GW doesn't own the IP for everything
BANE wrote:it claims but the thing with IP/copyright/patent law
BANE wrote:but if they did win a stupid one that's a ruling inthere favor setting a precedent.
BANE wrote:As far as the quailty of chapterhouse, its entirely relevent because win or lose right or wrong people still ain't going to buy a shit product when other companies are selling better stuff for similar prices.
by BANE » Tue Jun 18, 2013 12:40 pm
Return to 40K News & Rumours
In association with Gaming Figures
Age of Strife