Reply To: GW Takes Ghamak To Court!

[onlyonepinman 18111xp 1]

So, it seem Ghamak has put out a new update and I was correct – the specific clause of the Unfair Competion Law that GW are claiming are that Ghamak’s designs are similar enough to their own as to potentially cause confusion. So the original claim that “Games Workshop are alleging unfair competion because his miniatures are compatible with Warhammer” isn’t true.  Games Workshop are alleging “Unfair Competition” because that is the title of the law under which they are filing their claim and so that is what you have to claim has happened.  The specific aspect of the law that they are claiming has been breeched is that of one product  by company A being similar that of another company B such that it may cause confusion and someone may believe that they are buying a product from company B.  This will mean that in court GW will likely have to identify specific models that they believe are similar to their designs (which in turn will likely result in hundreds of individual claims) and Ghamak will likewise have to prove that selling in a different medium (digital vs physical) and branding them as being for a totally different game mitigates any potential confusion.  I think the outcome of this case and how it affects GW’s future operating model will be quite interesting to see.  The Chapterhouse case resulted in significant changes within GW in terms of company policy, I think that this has the potential to do the same based on how much of any ruling goes for or against them.