GW at it again?

[Primarch]

Did you buy an official Apple iPhone cover for your iPhone? As far as I can see, CH are just producing buts that can be added to GW stuff that you already own. I agree that they are taking the mick by using GW images to advertise and sell their stuff and could/should get in trouble for it. But as long as they are making stuff that is designed to be added to GW stuff, I fail to see the problem.

I believe that Apple are quite happy with people making third party peripherals for their goods, but not so happy with people monkeying around with the insides. Likewise, Sony have no trouble with people releasing memory cards and control pads etc, but actively tried to prevent people from tampering with the bits inside the case.

Essentially, making add-ons for models is no big problem. Lots of companies do so. However, when dealing with a company that is famous for going to great lengths to keep it's copyrights and IP under its sole control, it would have made sense not to stick said copyright terms etc all over your site.

UK law certainly covers this (and I haven't passed the bar exam but I have had experience in this kind of dispute before) though I have no idea about the laws in Texas. It'll be interesting to see how this plays out.

[Spevna]

Essentially, making add-ons for models is no big problem.

And that is all ChapterHouse is doing right?

[Admiral-Badruck]

You see Spevna gets it why doesn't anyone else...

[Primarch]

Essentially, making add-ons for models is no big problem.

And that is all ChapterHouse is doing right?

It is the use of GW terms and names that is causing the problems. Making the parts for "28mm scale minis" is fine. Selling them as an add on for GW models and using the GW names is where they are getting into trouble. If you look at the site now, you'll see that a lot of the GW terms have gone e.g. Tyranids has been replaced by Space Bugs. If they had done this from the beginning they wouldnt have had any bother. They chose to use the term Tyranids because they thought they could make more money doing so. They even say in their disclaimer "Used without permission." The thing is though, copyright laws exist so if you want to make money selling something using someone else's name to advertise, you need permission.

Dont get me wrong, I think ChapterHouse and everyone else should be free to make add-ons, upgrades and all sorts of bits and pieces. Personally, I am trying to collect all of Kabuki Models 'not-Primarchs' Primarch models. However, I do think that CHS were bleedin' stupid to sell their products under GW names. They saw a chance to increase their sales over other 3rd party producers by ignoring the rules. They got caught and now they are paying the price of a long, expensive legal battle.

To summarise: 3rd party models - GOOD. Deliberately infringing on copyright terms - BAD.

[Primarch]

You see Spevna gets it why doesn't anyone else...

He says, missing the point.

Making the models = no problem
Advertising using GW's names etc = big problem

If you look over the site again they have changed a lot of the words that they have used. Space Bugs for Nids, Space Elves for Eldar etc. They are still selling the models.

[Admiral-Badruck]

but here is the thing the Names are just a means of identifying the product. I can see the reasoning but like any Iphone attachments not made by Apple CH is simply giving a point of reference to make it easy for one to use the product and in many cases they are pimping the GW models to boot... to bad GW does not see it that way... CH is not making a Rhino the are making doors that are not at all necessary to use the Kit GW markets... they are simply a bit of bling... you still have to get the Rhino from GW...

[Admiral-Badruck]

GW is being a bully and this is what makes me mad they took their IP form all lots of other places but slap smaller companies around for primping their stuff. stuff they did not come up with but tweaked from other classic ideas.. the same thing CH is doing only GW changed the name... just as bad if not worse because who are you trying to fool.

[Primarch]

GW is being a bully and this is what makes me mad they took their IP form all lots of other places but slap smaller companies around for primping their stuff. stuff they did not come up with but tweaked from other classic ideas.. the same thing CH is doing only GW changed the name... just as bad if not worse because who are you trying to fool.

"We feel that we should be able to sell our product as the "Doom of Malantai" because GW borrowed the terms Orc and Elf from the ancient Norse and Saxon languages."
Sadly, that wont stand up in court.
Regardless of what you may think of GW and the way they do business, the law is on their side in this case. They have trademarked certain terms which means, like it or not, other companies wishing to use those terms have to get permission first. CH didnt and even openly admitted it on their site. Hopefully it will be resolved quickly and CH can go back to selling their products under more generic names.

[Admiral-Badruck]

the way I see it you cant get mad about them selling it under the name and not get mad when the change the name and everyone still knows what it is... that is just plain silly.. no matter what you argue it is still going to be a silly argument if they are doing the same thing either way.. What I am saying is why bother in the first place if at the end of the day you are going to let them change the name to space bugs.. and sell bug drop pods... as long as it is not the name if is ok... that seems silly and if GW does not want 3rd parties making knock offs they should really just produce the models them selves of do not put them in the books as options... GW created the demand and CH came out with the supply. GW own fault...

[Primarch]

... as long as it is not the name if is ok...

Thats how the law works.

And I believe that GW already does a line of Space Wolf doors for Rhinos and has plans for Nid drop pods and the Doom of Malan'tai. Every customer buying a "Farseer on a jetbike for Eldar" upgrade kit is one person who isnt buying a Farseer and a Jetbike from GW which represents a loss to the company, hence they can make a claim.

Yes, it can be silly, but it also rewards the companies that employ thousands of people world wide and have spent 30 years becoming a market leader. Thats how the law works.