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Message: <blockquote data-quote="Snarf Zagyg" data-source="post: 8564850" data-attributes="member: 7023840">So I am going to continue this in this thread, given it's more about the lawsuit-Here is the OP that gave is WOTC's filing-[URL unfurl="true"]https://www.enworld.org/threads/the-full-glorious-history-of-nutsr.684697/post-8563874[/URL]So here are my brief notes.1. As I stated above, if they filed counterclaims and included LaNasa as a party (counterdefendant) then they were done with this foolishness and were looking to exact vengeance. Well, they added LaNasa and the Dungeon Hobby Shop Museum (LLC, corporate entity). They are aware of LaNasa's shell games, and are done with this foolishness.2. The answer itself is what you expect. The only slightly interesting thing about it is, if you read it very closely, they come out harder with respect to the Game Wizards Logo than the Lizard Image. (Answer ¶¶ 34-35). This may be due to a variety of reasons, including the fact that there are issues with the Lizard Image (there were two different ones used at different times created by different artists) or perhaps something more relevant (they aren't claiming a specific copyright in that image so much as the work as a whole using it) or may be just an artifact of the wording ... but that seems doubtful given the precision of this response.3. The affirmative defenses are also standard- prior use should be sufficient. Unclean hands is a fancy way of saying that TSR can't be rewarded for being a bad guy. 4. The counterclaims are where they things get interesting, so I will break this down separately-a. Why list the Museum and LaNasa?To get some skin in the game. LaNasa appears to have created numerous shell LLCs; this is a deliberate tactic to try and get the LLC with real assets (the museum) and the individual (LaNasa) on the hook so that they are exposed to monetary damages. At a minimum, LaNasa is going to have to seriously reconsider his grand plans once he realizes that he, personally, could be exposed to a lot of downward liability. This may lead to his choosing to settle the case expeditiously and in WOTC's favor more seriously.b. Why choose those counterclaims?Other than the ones you expect (trademark claims brought under federal and state law), they choose to bring claims under state consumer laws. Brief background- there are the federal consumer protection laws, and then most states have some type of "Deceptive and/or Unfair Trade Practice Act" which can be used as a hammer by businesses against each other when one business in engaging in "bad practices." Because of the way these laws are written, when I say hammer, I mean it- many allow for attorney's fees, treble damages, and/or punitive damages. More importantly, they are often written in a way that would allow you to name an individual who is acting as a bridge between multiple LLCs (as is alleged here).Overall- this is an exceptionally strong response. They are looking to exact as much pain as possible. If I were the Defendants, I would be quite concerned. IMO.</blockquote>

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