Monday, May 19, 2014

What WOTC Wants

Here, for those who haven't looked at the lawsuit itself, is the list of things WOTC wants as redress for the harm is claims to have suffered as a result of the development of the Hex: Shards of Fate trading card game:



1.For a permanent injunction enjoining Cryptozoic and all persons acting in concert with them from manufacturing, producing, distributing, adapting, displaying, advertising,  promoting, offering for sale and/or selling, or performing any materials that are substantially similar to Magic and to deliver to the Court for destruction or other reasonable disposition all materials and means for producing the same in Cryptozoic’s possession or control;  

2 For a permanent injunction, enjoining Cryptozoic and all persons acting in concert with them from using the trade dress of Magic in connection with any paper, electronic, or web- based trading card video game or from otherwise using Wizards’ trade dress, as embodied in either of the paper or electronic forms of Magic or any confusingly similar use thereof, in any way causing the likelihood of confusion, deception, or mistake as to the source, nature, or quality of Cryptozoic’s games and to deliver to the Court for destruction or other reasonable disposition all materials bearing the infringing trade dress in Cryptozoic’s possession or control; 

3.For any and all damages sustained by Wizards;

4.For all of Cryptozoic’s profits wrongfully derived from the infringement of Wizards’ intellectual property rights; 

5. For a Judgment against Cryptozoic declaring this case to be exceptional under the Patent Act and therefore subjecting Cryptozoic to liability to include treble damages as authorized under Section 285 of the Patent Act; 

6.For reasonable attorney’s fees; 

7.For costs of suit herein; and

 8.For other such relief as the Court deems proper