Trademark is Serious Business to Games Workshop

Body

Games Workshop has for some time been engaged in the bussiness of designing, manufacturing and marketing: board games; war games; models; miniatures and associated products and in the course of this business has aquired and registered a large number of copyrights and other intellectual property rights.

As you may be aware copyright is a right that vests in the creator as soon as the material in question is created, in this case artwork from the Warhammer 40,000 double-headed (Aquila). Games Workshop owns the copyright in these, and it is an offence to offer for sale, (or in substantial part), or is adapted or derived from them.

It has come to our attention that artwork from the Warhammer 40,000 intellectual property has been used on the website www.librarium-online.com which we believe you administrate. Enclosed with this letter is an example of a page from the Librarium Online website showing the use of images from the Warhammer 40,000 Space Wolves codex book  and packaging. As this use of Games Workshop's copyright is unauthorised, it is considered by Games Workshop to be an infringement of its intellectual property rights.

In addition, we consider the range of products sold on the site www.zazzle.com which contain the Librarium Online logo to also be an infringement of Games Workshop's intellectual property rights. This is due to the Librarium Online logo including a design. The Aquila graphical device is a registered trademark of Games Workshop. Examples of this are also included in this letter.

We take this opportunity to emphasise how seriously Games Workshop considers breaches of its intellectual property rights. We will always enforce our rights against any party infringing our intellectual property rights by means of appropriate legal proceedings. However, in the present circumstances we may be prepeared to refrain from taking such proceedings if we receive from you within fourteen days of the date of this letter your written undertakings, in a form acceptable to us, that you will:

1. immeditately cease and desist from any activity which infringes Games Workshop's intellectual property rights;
2. provide us with a full account of any profits you have made through the unlawful appropriation or use of GW's intellectual property rights;
3. deliver up to us all products incorporating in whole or substansial part copyright imagery which is the property of GW;
4. deliver up to us any and all articles, component elements and electronic files created by you or in your possession designed or adapted for making products based on intellectual property belonging to GW;
5. provide us with the names and addresses of any and all manufacturers and suppliers to you of products that infringe copyright in the imagery that belongs to GW;
6.confirm by return that you will not infringe Games Workshop's intellectual property rights at any time in the future.

In the event that we do not receive undertakings in respect of the above from you within fourteen days of the date of this letter, we shall have no option but to commense formal proceedings against you without prejudice to any other of our rights and, if necessary. forthwith and without further notice. In the meantime, all our rights are reserved.

We accordingly look forward to hearing from you. If you are in any doubt as to the content of this letter we recommend that you seek independent lega advice.

Yours faithfully

[private]