Case: Games Workshop v. Amazon Sellers (W.D. Tex.)
When Brands Overreach and Sellers Push Back, the Truth Comes Out
Our Clients:
- ZenART – Fine art tools
- WetNDri – Painting palettes
- Rhand – Fantasy tabletop dice, including bullet-shaped dice
Filed As: A Schedule A “Counterfeit” Case
A Schedule A case typically lists multiple sellers anonymously and accuses them of selling counterfeit goods.
The Reality:
This case was a textbook example of nominative fair use, a legal doctrine that permits sellers to mention a brand (like Warhammer) to describe compatibility, provided they do not imply affiliation.
What Happened:
Games Workshop filed a sealed complaint (hidden from public view), obtained an ex parte TRO (Temporary Restraining Order), and froze our clients’ Amazon and PayPal funds. Their “evidence”? Descriptive phrases such as:
- “Compatible with Warhammer”
- “For fantasy tabletop games”
There were no logos. No counterfeit products. Just original merchandise made by our clients that happened to work well with Warhammer-style games.
Our Clients Fought Back
While most Amazon sellers remain silent or settle, our clients chose to stand up and defend themselves. They:
- Retained counsel
- Opposed the claims with a detailed brief
- Showed up in court
The night before the preliminary injunction hearing, Games Workshop voluntarily dismissed all claims against our clients. They blinked. But we didn’t walk away.
What Happened in Court – June 3rd
Although our clients were dismissed from the case, another defendant had just retained counsel, so the court proceeded with the hearing.
Key developments:
- The TRO (Temporary Restraining Order) was extended for the remaining defendants only.
- We requested the court retain jurisdiction over our clients so we could pursue attorneys’ fees under the Lanham Act and sanctions under Rule 11.
- The plaintiff’s counsel appeared visibly unprepared for this move.
- The judge stated he would be glad to consider our motion at the next hearing on June 20th.
“The War for Fair Use”: A 7-Part Blog Series
This is more than a one-off case. It’s a warning for all sellers—and a precedent worth understanding. We’ll cover the full arc in our upcoming series:
- They Blinked: Games Workshop Dropped Our Clients the Night Before the Hearing
When brands overreach and sellers respond, the truth has a chance to surface. - Amazon Funds Frozen, No Counterfeits: Welcome to the Schedule A Trap
How legitimate sellers can get swept into aggressive enforcement lawsuits. - Bullet Dice and Brushes: How Three Original Brands Got Swept Into a Warhammer Lawsuit
Why ZenART, WetNDri, and Rhand became targets despite never infringing. - What Really Happened in Court on June 3
Dismissed but still present—we’re staying in the case to pursue justice. - Nominative Fair Use: The Legal Shield Every Amazon Seller Should Understand
When referencing a brand is lawful—and how to do it right. - Don’t Wait for the Freeze: How to Future-Proof Your Listings
Practical steps to protect your listings and avoid being blindsided. - This Isn’t Over: Why We’re Still Going to Court—And What We’re Fighting For
We’re seeking attorneys’ fees, exposing abuse, and protecting future sellers.
Could This Happen to You?
If you’re an Amazon seller using phrases like “compatible with…” or “works with…,” you may be vulnerable to the same tactics. Schedule A lawsuits can:
- Freeze your funds
- Shut down your listings
- Occur without prior notice
Our clients did everything right—and they still got dragged into court. But they fought back. And they won.
Stay tuned for Part 2.
Legal Glossary
Schedule A Case
A mass “counterfeit” lawsuit, usually filed under seal, targeting dozens or hundreds of Amazon sellers—often without advance notice.
Temporary Restraining Order (TRO)
A short-term emergency order, often issued without notifying the defendant, that can immediately freeze Amazon accounts or bank funds.
Preliminary Injunction (PI)
A longer-lasting order that may keep accounts frozen for the duration of the lawsuit if granted after a TRO.
Ex Parte Filing
A motion or request made to the court without informing the opposing party—often used for emergency relief.
Nominative Fair Use
A legal defense that allows use of a trademarked name to describe a product’s compatibility, provided there’s no suggestion of endorsement, no use of logos, and the reference is necessary.
Voluntary Dismissal
When a plaintiff withdraws their claims before judgment. It ends the case but doesn’t result in a win for the defendant—unless fees or sanctions are later granted.
Lanham Act
The main federal statute governing trademark protection, false advertising, and related claims.
Rule 11
A rule in the Federal Rules of Civil Procedure that penalizes parties or attorneys for filing baseless or frivolous claims.
