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sweetdaddyg

GW v Chapterhouse...a bittersweet victory?

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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

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

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Genuinely surprised at Games Workshop losing the exclusive use of Space Marine, as while it's derived from generic terms it is a phrase very strongly associated with Games Workshop, and makes up what must be their most recognisable brand.

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Space marine is such a generic term though. There was a game made by another company called 'Space Marine' which was featured in white dwarf too :)

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Presumably, the upshot of this will be that the next vanilla marines codex will be "Astartes", rather than "Space Marines" and attempt to shift the name over to that.

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