Editing ChapterHouse Studios (section)

====Not All IP is Copyright====

The above defences work against *copyright* lawsuits; trademark infringement (and patent, but odds are incredibly slim you'll run up against patent law for this) is an entirely different discussion.  Trademark infringement is trivial to defend against, if you want to play it really safe, because trademarks apply only to incredibly specific expressions of ideas, like 'Astra Militarum'.  If you just don't use those terms, trademark isn't relevant and can't be successfully brought against you.  Trademarks are usually where it becomes relevant to get a license from the owning company, because trademarks serve as an indication of the origin of the good or service.
:For example: if you sell female Imperial Guard you made yourself, but call them Astra Militarum, customers might get confused about where the models are coming from, and conclude that GW is the original source of the models; or in other situations, even if the customer is completely aware of the third party source, they might believe due to the use of the name that the models are officially sanctioned or licensed by GW. If you did this to intentionally mislead them, it would be considered fraud.

There is no surer trademark defense than not using the trademark anywhere, if you want to go into some sort of business based off of someone else's IP.  There are other defenses - for example, it is by definition not a trademark violation to simply use a trademarked expression to identify the owner of the trademarked expression, so while you could for example: put out ads saying that your paint schemes are totally better looking than Games Workshop's, and GW's attempt to sue you over your use of their trademarked name will ultimately fail, you might then fall foul of legislative advertising standards in your jurisdiction by making unverifiable comparisons or unfairly using the reputation of another company ''(which is why you don't see GW, Privateer Press or Wizards of the Coast referencing each other in adverts)'' - therefore trademarks are iffy enough that you should consult a lawyer before doing *anything* with a trademarked expression.  You're better off keeping it generic, like: ''"conversion kits compatible with most 28mm models"'' or ''"painting services for tabletop wargaming models"''. 

So while GW's new trend of changing names ''(Imperial Guard > Astra Militarum, Space Marines > Adeptus Astartes and others)'' makes sense, since not having enforceable trademarks for things practically invites other manufacturers to invent their own models and call them by similar names. So by putting their unique and legally protected signature all over it is something they should have actually started their business with, since other producers cannot '''legally''' sell their products using a GW trademark and create market confusion ''(bootleggers/re-casters don't care however)''. But since Trademark and Copyright remain two totally '''separate''' issues of IP law, just because you're not infringing trademarks don't think you're automatically protected from copyright infringement. Even if you call your new third party model by completely generic names ''(or even names you believe are original)'', you may still have to demonstrate on a model-by-model basis that it is an original and distinct design and form of artistic expression and run the risk of a lawsuit if your new model is too similar to something that has come before.