Games Workshop Sues Warhammer Online Fansite
chalkyj writes "WarhammerAlliance.com (run for the last five years as one of the leading fansites for the MMORPG Warhammer Online) is being sued by Games Workshop for the use of the 'Warhammer' name, 'cybersquatting' and 'unfair competition.' This lawsuit is yet another in Games Workshop's disturbing pattern of suing their fans and hobbyists, this time going after a legitimate fansite for their MMORPG franchise. The full complaint (PDF) has been posted online."
I can't imagine anything worse for their PR. No amount of advertisement can fix that.
Two points:
1. It's not cybersquatting when the domain name is used for legitimate purposes.
2. I don't know about trademark law, but a non-legal, average person interpretation of the term "unfair competition" suggests that you'd have to be competing against the trademark holder rather than expressing support for their product.
"In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
Dear fans,
Please be advised that usage of the Warhammer(TM)®© name on third party websites is not legally authorized. However, we really do value our beloved fans. To show our sincerity, we have come up with a few example names that you may wish to use* to set up your fan site for your favourite online game, Warhammer(TM)®© Online. Instead of Warhammer(TM)®© Alliance, please consider another name similar to the following:
- Battlesmasher Alliance
- Fightmace Alliance
- Pewpewbangbang Friends
Now it's your turn! Try making up some names to refer to the Warhammer(TM)®© franchise without actually using the word Warhammer(TM)®©. It's more fun than you think! More fun than Warhammer(TM)®© Online anyway.
Thanks for your support of the Warhammer(TM)®© franchise.
Sincerely,
Games Workshop.
* No matter how much you wish to use them, Battlesmasher Alliance, Fightmace Alliance, and Pewpewbangbang Friends are registered trademark copyright properties of Games Workshop and may not be used for any reason whatsoever in any third party materials.
This is pretty typical GW stupidities.
The one I like is how you can't sell Games Workshop games online -- they use the same theory to block that, too. See, Games Workshop sells their own miniatures on their own online store. GW prices are, to be charitable, completely fucking nuts. We're talking $35+ bucks for a single miniature, most armies using hundreds of miniatures. What people were doing were buying bulk orders from GW and GW's resellers, then reselling them online for 40-50% discounts.
Well, can't have that, can we? So GW now prohibits anyone from selling their product for more than 20% off, and prohibits the use of online stores to sell their product. How is that legal? Rule of first sale and the like?
Hell if I know.
I myself have rumbled with the big dumb collective -- their website had a simplistic naming scheme, so I guessed the URL of the Necromunda website (Necromunda is one of GW's "flavor of the year" games, wherein they release a rulebook with slightly tweaked rules, a new miniature set or 3, then promptly stop supporting after the early adopters give up some cash -- see also: Mordheim, Inquisitor, Bloodbowl, Battlefleet Gothic, Epic...) and posted screenshots of the incomplete page. I got a nastygram in my email pretty quickly. They were cordial enough about it, but they still had a "do this now or else" vibe going on.
The local gaming store told me why he didn't like carrying GW products, either -- I was buying a Tyranid Hive Tyrant, and he flat out told me that GW would require he buy 2-4 Hive Tyrants to replace that single one. This is despite my purchase of said Hive Tyrant being the only HT purchase that year. GW requires minimum orders, GW requires minimum shelving space, GW requires X number of GW dedicated gaming tables, the works, in order to work with them instead of a re-reseller. And god forbid if you want to host official GW tournaments -- in order to be an official GW store you basically have to dedicate their entire store to them, and get used to buying the "new release of the week" and swapping it out, even if the existing stuff hasn't sold yet.
Did I mention that GW also runs their own dedicated retail store network -- the "Rogue Traders", which means that even if you ARE dancing to the GW tune, you're still a dirty little competitor, and thus they hate you and want to see you suffer?
There's no wonder Warhammer Online is an utter failure, why their wargames aren't selling anywhere near the levels they used to, the works. GW is, to be frank, toxic as hell to work with, and it is finally catching up to them.