The jury is done and we have a verdict. Fasten your seatbelts folks – heavy turbulence ahead.
We have a verdict!
Some initial notes:
This is a Jury Verdict, and has not yet become a Final Judgement
Breaking down the counts along the different categories we have:
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:
-Dark Elf Arch Tortress
CHS won on some individual products including:
-Super-heavy walker model
CHS ordered to pay GW damages of $25,000 USD
Both 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.
More as we get it…
~We will be reporting in much detail on the case and trial in the days ahead. Have at it folks.