Thank you to all those who donated or shared kind words of support. Your financial support, comments and emails have been a warm hug in this difficult moment.
I take this chance to explain that GoFundMe automatically adjusts the initial goal in smaller milestones. When I created this campaign I set an initial goal of 100.000 euro since this would help me cover part of the legal fees we have to pay.
I decided to break down the story into multiple parts, and the next video will be the most important one. But let's start from the beginning.
In March 2023 I received the first letter from an Italian law firm representing Games Workshop. In this letter they claimed that:
- we illegally used protected trademarks by using tags
- we infringed the copyright on their models
- we practiced unfair competition
They asked:
- To remove at least 400 models (more than half of our catalogue at the time) allegedly violating their copyright, without even providing a full list of such models, nor a corresponding list of Games Workshop models, nor an explanation of how any of our models were infringing the copyright.
- To remove all tags related to protected trademarks - To disclose sensitive data such as revenue, suppliers, costs, collaborators, commercial partners
- To pay 2500 euros as legal cost refund I was given 7 days to reply or they would take me to court.
After our reply, Ghamak continued to create models without using such tags and we started to release army books for our models compatible with the OnePageRules games while waiting for a reply.
These days some people commented “Why didn’t you remove the contested models immediately?” Simple: we had no list. Games Workshop did not tell us which models they wanted us to remove, they just mentioned they were “at least 400”. But pointed to a few examples only. And even if we tried to look at which models could have been modified, we had no way to know how far we had to change them to be different enough for them!
Despite their initial 7 days deadline, we did not hear from Games Workshop for another full year, when we received a second letter from their lawyers, substantially identical to the first one:
- Again GW claimed the illegal use of marks and unfair competition and demanded the disclosure of sensitive data.
- This time they asked 10000 euros of legal costs
- Again GW did not specify which models they wanted us to remove, just mentioning that they were “hundreds, if not thousands”
Once again we replied expressing our doubts in relation to such requests, but still reiterating our willingness to cooperate. Our intention was obviously to receive guidelines to identify the allegedly infringing models and to avoid making models too similar in the future according to their opinion. We asked to set up a meeting to resolve the matter but again….no answer.
A few months later, after failing to have our models removed from MyMiniFactory, they filed a lawsuit, not for copyright infringement but for unfair competition.
I want to clarify an important point. Infringement of intellectual property rights (trademarks, patents, copyright), on the one hand, and unfair competition under Article 2598 of the Italian Civil Code, on the other, are two discrete and distinct concepts.
GW is arguing Art. 2598 only. The main basis that GW uses to argue Art. 2598 is that the signs, elements or shapes that Ghamak uses in its models would immediately identify them as models coming from GW. Ghamak disputes this, our point being that GW is not able to demonstrate the distinctiveness of their models, as the signs, elements, shapes present in Ghamak models draw from imaginary universes over which GW has no exclusive rights. GW would also have to demonstrate that Ghamak models are at risk of being confused with those of Games Workshop or of being perceived as coming from GW. Ghamak also disputes this.
In the next video, I’ll share more details and explain why I believe this case is crucial not just for Ghamak, but for the entire miniatures industry.
Watch the full video on YouTube:
https://youtu.be/0SMfez4KxSY
And please, support me in this fight:
Hi, my name is Francesco Pizzo, founder of Ghamak. Since … Francesco Pizzo braucht deine Unterstützung für Defend creative freedom against Games Workshop threats
www.gofundme.com