January 2002, Volume 2, Issue 1
White Wolf Speaks
White Wolf has not directly supplied The LARPer with information,
but posted the following press-release information on their website.
The most recent is the Post of February 14:
February 14 Post
On TRO's and Settlements
Hello. As you
can see we're back in the fanclub business. Thankfully the judge,
having more thoroughly reviewed the case, has decided that White
Wolf is allowed to talk to their fans, and that it would be significantly
damaging to our company to allow the NPO to prevent us from contacting
and interacting with the people who bought memberships in our official
fan club. With the TRO lifted we can return to the business of servicing
this club and getting things off the ground.
We did not expect
the TRO to be maintained. The case, regardless of the assertions
of the NPO, is fairly clear cut. There's not a lot a gray areas
regarding Trademark law. And there are likewise very clear laws
that support a new company's liability when they assume all assets,
products, services and relationships of a previous company. Otherwise
a company like "Skippy Burger" could simply transfer assets
, reincorporate as "Skippy Burgers" and avoid any and
all legal obligations that Skippy Burger had when that "wholly
and completely different" burger restaurant was in business
giving people food poisoning. But the law wouldn't let Skippy Burgers
get away with this, and I doubt it will let the NPO dodge their
obligations either.
Regarding a
settlement, I am open to considering one. Thus far, Shea has declined
my requirement for her to sign a non-disclosure agreement prior
to negotiation. This is necessary because some board members have
been only too willing to select key facts, take them out of context
and represent them to the club membership in what I can only describe
as a duplicitous manner. However, since there's no actual discussion
taking place at the moment, I'll give them our terms here and now,
straight from the horse's mouth.
White Wolf's
needs in this settlement are very clear. We consider the Camarilla
to be a name we own. It was taken from our books and used in commerce
with our express written permission. It's not legal or ethical for
another business entity to attempt to take the name away from us.
It sets a dangerous precedent and devalues our intellectual property.
It was primarily that assertion (along with their announcement to
possibly divorce themselves from our company but to continue on
as a business that profits from our property) in Shea's Jan 13th
letter which brought this situation to a head. The response from
White Wolf could not have been a surprise for the board as we made
our needs and our recourses on this matter clear throughout the
years of negotiation.
White Wolf can
likewise not, in good conscience, continue any sort of formal business
relationship with a company that attacks our intellectual property,
enjoins us from communicating with our fans, and tries to sue us
for the expenses of a lawsuit they chose to file. We cannot have
a relaxed business relationship with such a company. We cannot have
any relationship with such a company. Unlike the NPO business entity,
who's directors have other jobs which support their lifestyles,
White Wolf uses its money to compensate employees for the work they
do. Bringing a lawsuit to bear against us and forcing us to expend
over $20,000 to defend ourselves in the State of Utah directly threatens
the income of the people this company is responsible for employing.
It's not play money to us. We use that money to pay our employees
and we invest it so we can make more games in years to come. Litigation
is expensive and ALWAYS our last possible resort. If the law is
not clearly on our side, we settle out of court. We're not a big
company and can't afford a loss like that. However, we believe we
are firmly in the right and will not allow the NPO to take our intellectual
property or distance us from the individuals who joined this club
with the understanding that it was the Official White Wolf fan club.
Prior to going
to court I did ask Shea to talk. She avoided my call and did not
express a willingness to schedule a conversation. Once I found out
we were being sued, my one request to her was that they not release
that information publicly. My reasoning for this was not to keep
the membership in the dark. My reasoning is the same as it has always
been. You joined the club to have fun and play a game, not to be
burdened by the details of ongoing legal action. That is a business
matter being handled by courts of law, and it should have stayed
there. The BOD has turned this into something more like a title
card boxing match or a 3 ring circus.
My overall point is that there is no good faith left with the BOD.
In spite of their public statement that they've returned to the
negotiation table to discuss a smooth transition, the board has
yet to actually do so. Likewise, they've not dropped their lawsuit
against us. The BOD as a corporate entity has broken their word
to us on several occasions. They've misrepresented the facts to
the membership and the Federal Courts. They've ignored the few entreaties
of fair play we asked of them both before and after they began litigation
against us. In short, they have conducted themselves in a fashion
that was so unethical, underhanded and torturous to our business
and financial stability that we will not allow their company (and
they are a company) to represent or profit from our intellectual
property.
Now if their
intentions to maintain the chronicle are sincere, and their interest
in preserving the game and serving the membership are true, they
will work with us to transfer these elements to White Wolf's Camarilla.
They will get involved in supporting the new club to make it as
good, if not better, then the old one. The only circumstances that
will keep them from considering this option are profit and pride.
It would mean they could no longer function as a business and would
have to admit that they made some grievous mistakes in managing
their relationship with the company that (at the very least) owns
the property that they had based their business upon.
Our issues are
limited to the Board of Directors, not the volunteers who supported
the company they ran, and certainly not the customers who purchased
services from that company. The Board of Directors ran a company
that based its business on White Wolf's world and property. They
benefited greatly from the efforts of countless volunteers, but
the business was still controlled by the Board, not the volunteers
that reported to them. We are welcoming these experienced individuals
into our club to help run the events and activities that you, the
customers, have come to expect from the White Wolf Official Fan
Club.
We are starting
our own official fan club. It is called The Camarilla. The new Camarilla
is still a fan driven club; members will have both voice and recourse
within the organization. The new club will simply not be run by
the third party company the BOD represents. I would hope that most
people who are existing members of our former official fan club
will take advantage of the 2 year free membership that we are offering
them. I would also hope that the BOD step up, admit their mistakes
in this matter and make some humble decisions that allow the complete
preservation of the story and characters for the sake of the
fans and members who play in the game. I think they have the right
decision in them. I hope they look beyond their business goals for
the NPO and recognize that its original purpose was to serve the
game and the membership, and that as a direct result of their actions
the NPO is no longer in a position to fulfill those purposes. I
hope they understand that these are the consequences of their actions.
I hope they understand the inflexibility of the position they've
put us in. And I hope they do what's best for the membership and
allow this game and community to remain intact, and that they do
so with their blessing.
Mike Tinney
President
White Wolf Publishing
Original Post
In a stunning development, the Utah District Court surprisingly
granted The Camarilla's Motion for Temporary Restraining Order against
White Wolf, effectively preventing White Wolf from using the term
"The Camarilla" that it created and first used in connection
with vampires.
The District Court specifically did not find that The Camarilla
had a substantial likelihood of success on the merits of its claim.
Rather, the Court found that there were questions regarding whether
The Camarilla was the rightful owner of the name "The Camarilla"
that were so serious, substantial and difficult that the issues
deserved more deliberate investigation and an evidentiary hearing.
The Court also found that the potential injury to The Camarilla
by not granting the restraining order outweighed the potential injury
to White Wolf if it were granted.
A second hearing has been scheduled for February 4, at which White
Wolf will request that the Court revisit its Order and transfer
the case to the Northern District of Georgia.
For more information about White Wolf:
http://www.white-wolf.com/
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