GW vs Chapterhouse

[Nocturne]

but 3rd parties can't blatantly rip off designs from GW's books.

 

That's the part I'm interested in. I don't know if the Chapterhouses Doomseer has to be withdrawn from sale or if they just have to pay the fine for using the Eldars style unlicensed but either way I can imagine that this week GW's legal department is going to be looking though the internet at all of those substitute figures out there and wondering if they have a case.

[MonkeySloth]

Going through Frothers some it looks like one of the biggest things CH did was take GW models, mod them a bit then recast them. That's what they got into real trouble for and was the biggest reason GW went after them from what I gather.

 

 

 

but 3rd parties can't blatantly rip off designs from GW's books.

 

That's the part I'm interested in. I don't know if the Chapterhouses Doomseer has to be withdrawn from sale or if they just have to pay the fine for using the Eldars style unlicensed but either way I can imagine that this week GW's legal department is going to be looking though the internet at all of those substitute figures out there and wondering if they have a case.

 

 

Ya that's something that I'm wondering about too.

[dispatchdave]

I'm still puzzled over Games Workshop's Alan Merrett's testimony.

 

-Mr. Merrett described Games Day to the jury as a Games Workshop event that allowed customers to perform their "favorite hobby activity; buying things from Games Workshop".

Surely the favorite hobby activity of tabletop gamers is gaming.

 

Some of us have ICD (Impulse Control Disorder, a recently created subdivision of OCD, which includes compulsive gambling, lying, buying, stealing, and hair pulling [trichotillomania, which I have], though not necessarily all of those at once) which includes buying things. I have to admit, buying things is one of my favorite aspects of the hobby. Alas, my wallet tends to disagree with me.

 

In fact, the more I think about it, the more I think buying may actually be my favorite part. I know I buy more than I hobby....

-Dave

[Nocturne]

That's true. How many gamers have games they've never played? I know that I had the core books and several supplements for both the Dredd and Slaine RPG's and never played either. Likewise Pendragon, and I'm thinking of picking up Call of Cthulhu knowing that it'll never get used.

 

And I know for a fact more than a few of us here have more miniatures than they're ever going to paint.

[buglips*the*goblin]

Well . . . not if I adopt my Bones painting method for my metals. Then I can finish what I have.

[Girot]

If I suddenly didn't have to work and had the time and supplies I'd need to paint continuously for as long as it took to finish all of the models I currently own I'd day it would take me about 3 years working 8 hours/day. This is assuming that I maintain my ability to crank out at least 1-2 unique (and decently painted) models in a day. If I "assembly line" by model type for armies I can crank out betwee 4-8 in an evening.

Edited June 18, 2013 by Girot

[Lars Porsenna]

Going through Frothers some it looks like one of the biggest things CH did was take GW models, mod them a bit then recast them. That's what they got into real trouble for and was the biggest reason GW went after them from what I gather.

 

I'm not so sure that is true. I picked up an Eldar Warlock on Jetbike a few years ago, and it was an all original sculpt as far as I could tell, not a modded recast. The jetbike was not included.

 

I think for everyone hailing this as a Chapterhouse Victory or a GW defeat are looking at it with a bit of bias. Neither side won, nor did either side lose. Some of GW's claims were upheld in court, but not all. Some of Chapterhouse's products were not found infringing, some were. Plus Chapterhouse was hit with a $25K fine, which is pretty hefty when you only have revenue of $100K a year, some of which must go to overhead and materials, some of which went to "pay" the owner, and some of which probably would be re-invested back into the business.

 

The way I see this is that this is important to further define what the aftermarket can or cannot do, and ultimately benefits everyone in the aftermarket (and not just for GW products).

 

Damon.

Edited June 18, 2013 by Lars Porsenna

[MonkeySloth]

@lars I'm not saying that's all they were doing, but that's something they were known for doing.

[Girot]

Sooo what happens to the exisiting product out there that's about to get discontinued... does it become trash or get a lofty mark-up on ebay? was there a list of the stuff that got shut down?

[Chaoswolf]

Chapterhouse no longer has those minis on their website (at least, not that I could find) so I guess that means that they got trashed.

[Nocturne]

looks like the Praetorian heads, powerclaws, Winged hive tyrant and Tervigon conversion kit have all gone as well. Not sure about any others, that's just what I could recall off the top of my head from looking over their site yesterday.

[Pingo]

 

I'm still puzzled over Games Workshop's Alan Merrett's testimony.

 

 

-Mr. Merrett described Games Day to the jury as a Games Workshop event that allowed customers to perform their "favorite hobby activity; buying things from Games Workshop".

 

Surely the favorite hobby activity of tabletop gamers is gaming.

You've clearly never seen the queue for the sales section at Games Day, waiting time is usually upwards of an hour to get in to the sales area. But more importanlty, that's not a court transcipt so I would be cautious about quoting that statement as read, it may not have been accurately presented. It could easily be two seperate statements about what people can do at Games Day for a start.

That's an excellent point and one I'm embarrassed I didn't consider. It could easily be two conflated statements, and I have likely been unjust to GW.

 

Thanks for pointing that out.

[Nocturne]

That's an excellent point and one I'm embarrassed I didn't consider. It could easily be two conflated statements, and I have likely been unjust to GW.

 

Thanks for pointing that out.

 

 

I have a law degree so I tend to be extra cautious (and anal if I'm honest) about the way things like this get reported, it's very common for people to abbreviate or paraphrase and not realise that doing so completely changes the tone or meaning of what was actually stated, or just plain mis-remember or misinterpret.. It could also have been completely accurate, but I'd be a bit surprised.

[smokingwreckage]

it's very common for people to abbreviate or paraphrase and not realise that doing so completely changes the tone or meaning of what was actually stated

 

 

Implying that this is somehow an error, and not the accidental revelation by villains of their villainy, strikes at the very heart of modern political discourse! Retract this scurrilous statement!

[Pingo]

I've been reading Dakka Dakka's immense and informative thread on this case.

 

Jeeminy.

 

GW painted up a bunch of their minis in the same colors as Chapterhouse minis and photographed them from careful angles and presented a side-by-side comparison chart to show the jury how customers might be confused, but they had to admit that they had no record of actual reported customer confusion or complaints by people who had actually bought Chapterhouse minis.