Suing WoTC?
taalyn:
I have an appointment with an intellectual property / copyright lawyer on Friday. In the meantime, I talked with Michael at Crystal Caste, and he directed me to David Kenzer (of Knights of the Dinner Table fame), who recently had almost the exact same problem - use of his artwork illegally. Hopefully he'll have some input / advice for me - and since he's a lawyer as well, apparently, I may be able to hire him if it comes to that.
After I've talked to Kenzer, and the lawyer, I'm planning on starting the process with a civil call to the brand manager. We'll see how things go from there.
guildofblades:
One thing to keep in mind.
On copyright, trademark and trade dress violations, typically when seeking monetary compensation through a court of law the amount of "reward" you are most likely to get is an actual accounting of the monetary lose (damages) the violation is purported to have caused. Ala, if I were to start selling a car and called it a Chevy, how much loss of sales or devaluation of the brand due to brand confusion derived from that action and how much total loss of revenues did this cause GM?
So while WOTC has deep pockets themselves and Hasbro even deeper, at the end of the day your pursuit for compensation is still tied to the actual damages the illegal use has caused. You can always "request" a court force them to pay a "penalty" and court costs in addition to the damages, but the later two are very often whimsically applied or not by the judge. If you were to opt to sue its in the realm of possibility that the amount of damages you could claim may be small and that a judge might not opt to force WOTC to pay for your legal fees and hence the amount you owe you lawyer could easily surpass the amount of the judgement you could win, if you won (unless your lawyer took the case on contingency). Just something to keep in mind while you weigh your options.
Ryan S. Johnson
Guild of Blades Retail Group - http://www.guildofblades.com/retailgroup.php
Guild of Blades Publishing Group - http://www.guildofblades.com
1483 Online - http://www.1483online.com
taalyn:
heya Ryan,
Yeah, I'm aware of that. That's why the polite call is the first step. That I can do without a lawyer involved. Hopefully, it won't need to go farther. Also, I'm not concerned about making lots of money. I'm concerned about being credited, mostly, and being paid fairly for what's been done with it so far. Once that's sorted out, I'd likely be happy to let them continue using the artwork for a small fee.
taalyn:
So, I've talked to the lawyer, who confirmed I have a case, and that I will likely have no problems registering my copyright, and be eligible for "enhanced" rights. Specifically, that I will be able to sue for up to $150,000 in punitive damages in addition to any other awards.
The lawyer recommends a certified letter with a deadline for response, which is what I'll do. After the deadline, the suit will begin in earnest.
David Kenzer hasn't gotten back to me, but that's likely because of issues relating to his own suit. Another gaming industry leader, who must remain nameless for other legal reasons, has suggested that I find out how many of the infringing product has been sold, and to prepare for them to stall, a lot. He also suggested looking over EVERYTHING I can get my hands on, to see if they've used my work elsewhere.
I'm preparing for the stalling. Does anyone have any idea about how to get sales numbers? And if anyone has an eagle eye to look through materials, if you spot anything that looks like Glyphis, your help would be MUCH appreciated.
Aidan
guildofblades:
>>I'm preparing for the stalling. Does anyone have any idea about how to get sales numbers?<<
Track down the game buyer responsible for buying WOTC product at each of the major game distributors, corner them at a convention, drag them to the local bar and buy all their drinks and get them stinking drunk. Then ask them.
That'll give you a ballbark for hobby game sales on the product. Then see if the product in question has also been stocked and sold outside the game industry. Ala, Borders, Barns & Noble, Hastings, etc. You aren't too likely to find the buyers for those chains at many game conventions, if any, so you'll have your work tracking them down. But once you do, contrive to get them into a bar, nice and liquored up, and ask again.
Most probably, unless WOTC gives you its sales figures, voluntarily or otherwise, that's data you just aren't going to be able to get. If you talk to a few of the all knowing industry vets, they could likely give you ballparks though.
Ryan S. Johnson
Guild of Blades Retail Group - http://www.guildofblades.com/retailgroup.php
Guild of Blades Publishing Group - http://www.guildofblades.com
1483 Online - http://www.1483online.com
Navigation
[0] Message Index
[#] Next page
[*] Previous page