7:30 pm CDT
Improper Legal Claims of Games Workshop Group:
You Did What?
IMAGE & TEXT ARE SUBJECT "FAIR USE" EXEMPTION USE: PER LEGAL CITATION, an academic review of
terms of service on "WARHAMMER-COMMUNITY.COM", a website.
The Text
© Copyright Games Workshop Limited 2021. GW, Games Workshop, White Dwarf,
Space Marine, 40K, Warhammer, Warhammer 40,000, the 'Aquila' Double-headed Eagle logo,
Warhammer Age of Sigmar, Battletome, Stormcast Eternals, and all associated logos,
illustrations, images, names, creatures, races, vehicles, locations, weapons,
characters, and the distinctive likenesses thereof,
are either © or ™ Games Workshop Limited,
variably registered around the world. All Rights Reserved.
The Breakdown
1. "© Copyright Games Workshop Limited 2021"
So, you just claimed your company legal name is "Copyright Games Workshop Limited".
The proper citation is "Copyright © (name) date". The symbol © is used
because many countries don't admit the word "Copyright" in English to communicate
the legal meaning in the Berne Convention, but the © symbol is universal. It
is used after the word "Copyright" to be redundant, but is not reversable in Uniform
Code of Commerce to put the word before the company name. As the reader, not being
an English language country, cannot discern the word from your company name. That
is pro forma.
2. "GW, Games Workshop, White Dwarf, Space Marine, 40K, Warhammer, Warhammer 40,000,
the 'Aquila' Double headed Eagle logo, Warhammer Age of Sigmar, Battletome, Stormcast
Eternals, and all associated logos, illustrations, images, names, creatures, races,
vehicles, locations, weapons, charactes, and the distinctive likeness thereof..."
Jesus. Where to even begin?
a.) First clause: "GW" cannot be claimed as copyright, trademark, or registered
mark because it is an acryonym. That's right out. Illegal. First illegal claim
voids the entire clause in contract or tort, per Uniform Code of Commerce (UCC). So
the rest is just void.
b.) Second and Third items in clause 2: "Games Workshop" and "White Dwarf" are
the company name and the magazine name. Those are actually automatically TRADEMARK
made by registration of the firm, and of the publication as literature done automatically
as a series of magazine items. Granted.
c.) Fourth Term, "Space Marine", a well known LSE:GAW claim for trademark in toys,
games, and boxed set publications; for the game of the same name, has no general claim
in title of books or other publications, literature use, as a character, or unique value
as the name is common to marines, a division of the United States Military branch structure,
and prior use in Robert Heinlein's "Starship Troopers" clear provenance of the drop pod
and armored trooper, a character protected by copyright in the United States for the life
of the Author plus 75 years. Making it a "Space" something does not give it unique value.
The art of the characters illustrated protects the design and physical model (toy) from
duplication, but not the term; hence this claim is a gross misuse to suggest trademark is
not per STANDARD INDUSTRY CODE (SIC) or Title 78 Oklahoma Statutes section 78-29. This would
void the claim on face, having failed to register it or regard it as a lawful TRADEMARK under
law in the market it is sold in, to the code of the regional protection of class of goods.
d.) Fifth term: "40K", is an acryonym of a number (40,000) cited also as the Sixth term,
and are not eligible for "copyright", "trademark", or "registered trademark". The logo of
the art or illustration is eligible a trdemark on the art, but not the words or number in text.
See for example, "Dragonlance" logo by Larry Elmore for example of this type of claim in good
use and global recognition, a mark eligible registration.
e.) Seventh term, "'Aquila' Double Headed Eagle logo". Derived from public domain the
'Aquila' is not eligible trademark per Title 78 O.S. § 78-22, as a symbol of a country
and would be void. The mark, indicated by art, would be eligible for trademark if you had
not called it an 'Aquila', giving it direct citation to the
public domain mark and use by a
country. That was stupid.
f.) The Eigth term, "Warhammer Age of Sigmar" is pretty unique, and eligible game and
toy product protection.
g.) The Nineth term: "Battletome", is less unique, but has franchise validity limited
by literary series and use rules by region.
h.) The Tenth term: "Stormcast Eternals", likewise combines two words common in fiction
and literature, with some Marvel Comics Eternals overtone, a prior work of art in provenance, not
entirely defensible due the franchise in the United States and State of California.
3. Clauses to apply: "and all associated logos,
illustrations, images, names, creatures, races, vehicles, locations, weapons,
characters, and the distintive likenesses thereof,"
is the very definition of
legal nonsense - suggesting a broad general claim in all classes over the art,
names, descriptions, ethnic and varied creatures, machines, places named,
weapons, and literary named persons even incorporating "swords", "spears",
"pointy sticks", and descriptions obtained in Orc/Ork races from public domain
are claimed by GAMES WORKSHOP LIMITED, void the entire claim on any defect in
copyright, trademark, or registered trademark
4. The Broad Failure: "and the distintive likenesses thereof,"
"Likenesses" applies only to comic book claims in copyright, not trademark, in the
United States. You may have a claim, somewhere, but not in non-commercial satire
or parody for political speech, per Oklahoma Constitution Article II section II-3
and II-22, and in use for protest of abuse of legal authority broad immunity to
any claims of such work where no product (like WARHAMMER+ service) is component
to sale or competitor advantage from such dilution or use not evident in legal
terms limited to authorized rights and definitions (78 O.S) only.
5. The Big Fail Trifecta: ",
are either © or ™ Games Workshop Limited,
variably registered around the world."
The words either and or kill this legal claim and all associated
intellectual and intangible property like Arnold Schwarzenegger did John Connor.
Because per "Uniform Code of Commerce" (UCC) this is a UNILATERAL CONTRACT, and
so the party enjoined by the tort elects the choice of word or construction on
option.
Making none of the prior material eligible for "COPYRIGHT" that is themed
"TRADEMARK" in definition, and affording the reader to apply the wrong mark
protection to invalidate trademark damages sought under TRADEMARK remedy;
by suggesting copyright alone a defense not extending to mark use in commerce.
Further, copyright may not protect titles or names of works like books, so
titles would be void the ordinary TRADEMARK rights eligible in any country;
and such art protected only for its duplication - not the product it represents
as a makers mark or service or product TRADEMARK.
Further, if the terms assert "TRADEMARK" is the claim, the claim cannot apply to
bodies of work such as models themselves, names, characters, designs, weapons,
vehicles, or their look and feel any component of TRADEMARK law, not a thing
so defined in registry (78 O.S. §78-22).
What the writer meant was "copyright or trademark as appropriate per class and
registration", was omitted, and a defective "either ... or ..." clause used to
void any claims at law at the discretion of any infraction pursuant to a license
there created to option all media in the prior works at the leisure of the reader,
without limitation other than franchise rights covered by both rules.
However, since GAMES WORKSHOP LIMITED isn't the property holder of "all weapons,
vehicles, and locations" used in their works, that voids all claims on the first
citation of any "real structure" like the Milky Way or Earth (Terra) even by
another name; as a legal clause not afforded their registration at law, and thus
void the assertion to any other class included in the statement - representing
the prior brand names and all associated content described in full.
It's the stupid false legal jargon that gets companies in deep trouble, because
all you have to do is present such claim as terms ONCE, and everyone is free to
strip the property to the bone and rely on this bad contract granted by the
official Company Site ("Warhammer-community.com", a Games Workshop Limited publication)
to own those works having received the prior "broken license" duly served.
Such notice would void as written release all other claims in print, books, and
media, for having obtained such formal legal writ; to anyone viewing the prior page
even once.
This is why legitimate contract companies ENUMERATE their specific claims
that are filed, and manage and monitor their REGIONS and enforcement rights in
foreign jurisdictions subject distribution and legal remedy, The Berne Convention,
and common law copyright and trademark limitations in those regionas suspending
any overly broad, unspecified class, and confusing claims like mixing
authority of unrelated Standard Industry Code (SIC) class to suggest a registration,
trademark, or copyright having legal life where it DOES NOT AND IS NOT REGISTERED.
As such claim ® not made in the region is a crime if not actually filed, on any
claim. As well as claims of trademark that are not lawful, or overlap with any real
REGISTERED mark in any class in the region subject to legal action and relief for the
making of such broad allegation or authority.
KNOW YOUR WORDS, kids. WORDS MATTER AT LAW.
House Shadis literally means (Estate of Darkness), in the common use and Latin, from
which the unknown is the domain of and provenance of the repository there. Games
Workshop Limited use of BLACK LIBRARY kind of means the same thing, but
not at law, and that matters. Frank Herbert, the author of DUNE (novels) could
not trademark or copyright or register "House" as a general term. He could register
"House Atreides", "House Harkonnen", as they were distinct characters and families of
his copyright work, and were thus protected. But the general term "House" (name) is
a custom going back to Italian and Roman antiquity, affording our use of "House Shadis"
for 25 years in ongoing publication. Use, in publication, as a name and brand - make
it a "TRADEMARK" ™ eligible for claim; and per 78 O.S. §78-22 "any word"
eligible for registration in the State of Oklahoma. Such protection the Federal Level
and Berne Convention, for national registration (®) fall under different codes and
rules; but afford protection for our State marks against infringement and taking, export,
sale, or duplication under domestic State law in all injunctions.
This has upset the PEOPLE'S REPUBLIC OF CHINA (PRC) so much, having faced injunctions
from foreign courts to stop Chinese goods from sale and entry for violation of local law,
that the PRC have created a fine for seeking an injunction in the domestic territory of
a registered mark or copyright or patent claim, if the party does not seek to file such
claim exclusively in PEOPLE'S REPUBLIC OF CHINA (PRC) exclusively against a Chinese firm.
This is illegal, under International Law, and suggest PRC is suspending and penalizing
firms for protection in foreign jurisdictions on the grounds that the offender (respondent)
is a PRC franchise. This violates the sovereignty of other nations and control over trade
in their own jurisdiction, by taking hostage any assets and firm and securities in the PRC
as collateral for a company seeking to protect its markets from foreign infringement.
I therefore know exactly why Games Workshop Group (LSE:GAW) is flustered and making such
stupid mistakes in their publications legal copy. However, I cannot excuse it, as they
are also using my legal name because it rhymes with "GAMES" to to create a fictional
person "JAMES WORKSHOP" that looks a surprising lot like me and my image over 1995-2021,
to promote their "WARHAMMER+" service (a competitive product to my DEEP LAYER INC. service),
and damage my general character and public recognition for my established public person.
Anyone with the same name can call themselves "JAMES WORKSHOP" and be secure in that d/b/a
because "WORKSHOP" is not a protected or eligible term for trademark, and they cannot claim
a trademark on a living or legal person's name ("JAMES") to give themselves protection from
that use. All they are doing is diluting and infringing on the commercial validity of any
person named JAMES in their industry, which is my legal name and subject a Federal felony
criminal complaint for prior similar criminal use to impair our product and sales in direct
market class a competitor of GAMES WORKSHOP GROUP (LSE:GAW) cited in 2020 contact with their
LEGAL REPRESENTATIVE prior this absurd move to knowingly infringe further.
Companies have lost their entire legal portfolio (FASA CORPORTION) over much less.
If it were just a misunderstanding or an employee doing something on his own in his own
space, with his legal name, it would be different. But this is a character in formal
outfit for video production, acting a role, to be offensive in commercial activity versus
a prior DMCA party having served GAMES WORKSHOP GROUP in the same class and cause last year.
That makes it appear to be malicious, antitrust activity prohibited at law, and a Hobbs Act
Violation in formal criminal complaint filed Dec 15 2021 already citing this abuse in court
by the publication of GAMES WORKSHOP LIMITED and FANTASY FLIGHT GAMES contribution to that work
on very serious XXIII-1A violations affirmed again in threats 11/14/2021 to the United States
based firm in letters of extortion, reported as 21 O.S. §21-1304.
There is no excuse, then, in such conduct, production, branding, detailed campaign, and
terrible legal copy to expose the overal illegal business practices evident in the prior
ad copy legal notice in public plain view, prima facie of a broad unlawful scope of unenforcable
intellectual property claims wrongly made and given release to all audiences (76 O.S. §76-4)
and to deceive (76 O.S. §76-3).
Granted recent acquisition of Adult Swim and Cruncyroll by Sony for $1 billion USD, we could
seek substantial remedy in civil cause of action; for which the assets of LSE:GAW do not appear
sufficient to meet that minimum demand in the global market they are playing at broad intimidating
and unenforcable trademark and copyright claims following prior infringement and removal of ABC
Robots designs and ethnic citations in their 1987 "Rogue Trader" works, german national-socialist
swastikas in their 1990s books for the Ork race, and later "BDSM" themed sexual content for the
Dark Aeldari; a race already cited for impersonation of the "ELDER GODS" in competitor products,
to force the "A" addition and "i" suffix to the "Eldar" race created on J.R.R. Tolkein and prior
folk-lore, a false claim. Adding BDSM to "Elves" does not make them regisration eligible. Nor
is the transgender character illustrations of "SLAVES TO PLEASURE: THE LOST AND THE DAMNED" book
by GAMES WORKSHOP LTD. on our SDA3.ORG shelf very far from a scanner to demonstrate under "FAIR USE"
the kind of material sold to minor children by GAMES WORKSHOP GROUP and its licensees.
We hope they reconsider the poor choices they are making, and resume a limited stance in their
own property - abandoning these false and broad claims - and all our works and characters now in
the United States Library of Congress; or we will be forced to take further legal action.
I learned tonight, due to this abuse, and harassment - one of the cats on my estate died. I am
livid. The animal was loved very much by everyone. And I do not find this sort of immitation
and abuse and libel of my person or image to sell a competitor product suitable or limited solely
to financial damages. The time alone is worth $100 million USD to me, spent dealing with this today
while the cat that lived in our company library was buried.
In the morning, my father will go in for surgery on his right eye. If this has caused any
injury to him or potential wrongful death result, I will not leave this issue alone or settle for
less than $1 billion USD in damages for this absurd assault on the reputation (Oklahoma
Constitution, Article II section II-6) of my legal person, image, and company by GAMES
WORKSHOP GROUP (LSE:GAW).
At 86 years of age, my father may die tomorrow or resultant from this added stress.
I will take it personally if
the time this matter has cost contributes to that in any way December 19th 2021 or in the
immediate future by further "JAMES WORKSHOP" garbage and false claims, use of "STRYX" or
any derived works of my well established registered and global identity, character, alien
race in Beyond War books and works and art, and other products themed in that genre to
include the "SANGUINE" alien race and other (11) races of the Beyond War franchise.
My Father already has had his right eye replaced with a synthetic lens. This will be the third
such major surgery since the November 14th 2021 threat letters. His prognosis in the next three
months is tenuous.
Harassment at this time will be construed in any medical injury or
complications - or death of any other chattle or property damage incited by such fraud and
misuse of our legal marks, names, or sound-alike adaptation in "JAMES WORKSHOP", "STRYX", or
"SANGUINE" characters, marks, and copyright protections of such works as found in the Library of
Congress of the United States or so made or filed in the Secretary of State of Oklahoma,
to property injured or infringed (78 O.S. §78-31)
or commercial value diluted by such acts,
or other registry or claim under common law duly enforcable per
Oklahoma State Statutory Law or Common Law of the CHICKASAW NATION
or other INDIAN TERRITORY duly made.
Consult SCOTUS "McGirt v STATE OF OKLAHOMA" for jurisdiction of my right, an Overton, in his
own lands and born there beyond the border of United States, and enjoined full protection
of the United States in treaty for all injury to him or his legal person, family, property,
trade (Oklahoma Constitution, Article XXIII-1A) and reputation (OK Const., Article II-6) at-law.
House Shadis Founder,
JAMES ARNOLD ALLEN (OVERTON / WITHERSPOON)
born: "James" Overton by Chickasw Tribal Law to Robin Overton and Reo Nichols,
in The Chickasaw Nation, INDIAN TERRITORY (USA); now family by LEGAL ADOPTION and Tribal Law to the
surviving maternal line to the WITHERSPOON (JOHN KNOX WITHERSPOON, Declaration of the thirteen united States of America signatory)
"H.M. Stryx"
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