Dear Mr. Wick,

Our attention was recently drawn to the forthcoming Wicked Press release ‘Orkworld’. It is an impressive looking project that a lot of work has obviously gone into.

The problem for us is your use of the Games Workshop trademark ‘Ork’. While the generic fantasy term ‘Orc’ has been in the public domain for decades now, we have established the mark ‘Ork’ as being specifically associated with Games Workshop and its characters. Your use of the trademark is potentially misleading to our customers and potentially harmful to the goodwill that we have spent so many years establishing. We therefore have no choice but to require you to remove all references to Orks from your product and promotional material.

Changing to ‘Orcworld’ should have little or no effect on a generic sourcebook such as yours. We hope that by contacting you before the book has been released you will be able to make the changes without significantly affecting your ability to publish and sell the book as planned.

Please let me know when you anticipate being able to make the required
changes.

Regards,

Ewan Hall

Games Workshop Intellectual Property

* * *

This arrived on Monday, June 19th.

I go to press on Wednesday, June 28th.

Nine days. I had to think quickly.

Changing everything over to Orcworld was not an option. Id have to re-register the Trademark, re-register the webpage, do a search and replace from ork to ork on 300 pages, change the logo, change the Wizards-Attic info, and change the copyright. That was just off the top of my head.

And, of course, the other thing going through my head was a single thought:

Why didnt they tell me sooner?

But there was no time for that.

I called up Eric Rowe. We talked. A lot.

On Monday night, I drafted a letter. After some edits from Eric, I crossed my fingers, said a little prayer to Keethdowmga and hit the SEND key&

* * *

Mr. Hall,

In regards to your e-mail this morning, I must tell you I sincerely hope we can settle this situation candidly.

The very last chapter in Orkworld is an endorsement of other gaming materials that include orks. One of those games is Warhammer (in all its manifestations). I go on to say how much I enjoy Games Workshop products and encourage the reader to check them out for themselves as examples of excellent game design and production standards.

I am also more than willing to place the following text in the front of my book:

“The orks presented in this product are not associated in any way with the orks presented in Games Workshops Warhammer games.”

If that is an amenable solution, I will gladly put that text in the front of my book.

However, I feel I must also tell you:

1) The United States Government recognizes “Orkworld” as a Registered Trademark of John Wick.

2) Other companies, not only in the gaming industry, but in mainstream and video game publishing, have used “ork” for years. The most notable usage is by FASA, who uses “ork” in not only their Shadowrun RPG and video games, but also in their line of Earthdawn products. This usage has been since 1989. Larry Elmores Sovereign Stone (released in 1999) also uses “orks.” As does Gary Gygaxs Lejendary Adventures. A quick look through the internet shows me hundreds of web sites who use the term “ork” to refer to creatures who are not related to Games Workshop.

3) I did not apply for a Trademark on the word “ork”, nor do I ever intend to.

4) Finally, as Ive mentioned in my column at Gaming Outpost on many occasions, Orkworld is a one-shot game. I never intend to do any supplements or sourcebooks. Once its done, its done.

If necessary, I am prepared to show  with expert testimony from distributors and retailers  that Orkworld in no way misleads Games Workshop customers or is harmful to Games Workshops branding.

However, like I said, it is my sincere hope we can solve this situation candidly.

Sincerely,

John Wick

* * *

Tuesday came and went. No reply.

I called up Jennifer Brandes and asked if one of her mighty, mighty relatives in New York knew a good Trademark lawyer. She said shed look into it.

I called FASA and talked to their lawyer. He sounded so frustrated, sympathizing with me, and yet, unable to give me any kind of advice. I thanked him anyway, and promised him a copy of Orkworld if he showed up at Gen-Con.

When I hung up the phone, it suddenly hit me.

There might not be any Orkworld at Gen-Con.

In a fit of near panic, I sent the following e-mail:

It is imperative you reply to me immediately. My book goes to the printer at the end of the week. I’ve already put down payments on printing. I cannot afford to change anything now. If I did, I’d miss my target date of Gen-Con. I’d have to get the cover re-designed and have all the film re-shot. Please respond quickly.

Thank you,

John Wick

* * *

All I could do was wait.

That was Tuesday. Eight days to press.

Then, something else hit me. I hadnt yet told Thomas.

* * *

Wednesday:

Dear Mr. Wick,

Thank you for your prompt reply, I wasn’t aware your schedule was so tight. It’s unfortunate that your web site was only pointed out to me at the end of last week.

To clarify some of our potential concerns, could you give me some more information on your plans for ‘Orkworld’:

1. Do you plan to support the product with a miniature range?

2. I had got the impression that the publication was a generic sourcebook to be used with any role playing system - is it in fact a stand alone product with its own set of rules?

3. How are you planning to distribute the book? Through hobby retail outlets and/or mail order?

I appreciate that with your printing planned for the end of the week we need to resolve this ASAP - we have no desire to see your release date postponed unless it is absolutely necessary.

I’ll get back to you as swiftly as I can once I receive your reply.

Yours sincerely,

Ewan Hall
Games Workshop Intellectual Property

* * *

Ten minutes later, I replied:

> To clarify some of our potential concerns, could you give me some more

> information on your plans for ‘Orkworld’:

>

> 1. Do you plan to support the product with a miniature

> range?

No.

> 2. I had got the impression that the publication was a

> generic sourcebook to be used with any role playing system - is it in
>fact a

> stand alone product with its own set of rules?

It is a stand-alone product with its own set of rules. I have - in no way,
shape or form - tried to imply “my orks” are GW orks.

> 3. How are you planning to distribute the book? Through

> hobby retail outlets and/or mail order?

Hobby retail and mail order.

>

> I appreciate that with your printing planned for the end of the week we
need

> to resolve this ASAP - we have no desire to see your release date
postponed

> unless it is absolutely necessary.

> I’ll get back to you as swiftly as I can once I receive your reply.

Thank you for your quick response.

As I said in my previous letter, I have a chapter dedicated to the “history
of the ork” which lists GW’s use of the term “ork.” The chapter encourages
readers pick up GW products and check them out.

Is there any contact information you’d like me to include? I can squeeze
something in at the very last minute, if you like.

Take care,

John

* * *

Jennifer Brandes called me back and said that her father did indeed know a good Trademark lawyer. However, if GW really wanted to, they could order a cease and desist, thus holding production of the book up& indefinitely.

Eric and I talked for another hour, trying to figure out a way to change every k into a c by the time we went to press.

All Wednesday, I waited.

Then, at 1:11 AM, I got the word.

I looked at the e-mail in my box, half-afraid to open it. I clicked on the text and read the following:

* * *

Dear Mr. Wick,

I think that in these circumstances if you include a tweaked version of the disclaimer that you quoted in your first reply to me in your credits page of the publication:

“The orks (or Orks, as this is how you seem to refer to them) presented in this product are in no way associated with the Orks presented in Games Workshop’s gaming products.” we shall take this no further.

What is your release date? Where would we be able to pick up a copy of the book?

I trust that this is satisfactory, I hope your printing and publishing are now able to proceed as planned.

Yours sincerely,

Ewan Hall

Games Workshop Intellectual Property

* * *

I felt tension Id been carrying around for three days lift off my shoulders. I didnt even know it was there.

I called everyone and let them know we were back on course. The book would be out for Gen-Con and it wouldnt be Orcworld. We all sighed in relief.

Things could have gone a lot worse. Ewan could have made different recommendations to his superiors. He didnt. That was pretty cool.

The lesson here?

There is no such thing as an Evil Empire. Not the Nazis, not the Communists, not even WotC or GW: only people put in positions of authority. Every day, those people face choices and their ability to abuse the authority theyve been given.

Mr. Hall didnt have to ask me to change anything. He could have just slapped me with a Cease and Desist order, handed the matter over to the GW trained attack lawyers (I hear they feed them on live babies) and forgotten about John Wick and his little game.

(You know, GW probably sells more of a single orkboss miniature than Ill sell of Orkworld. Just one miniature. Think about it. Im a blip. No, Im a pixel on the blip.)

He didnt. He spoke to me, listened to me, and made a decision that allowed me to go ahead on Orkworld while making his own bosses happy at the same time.

Remember that. It might come in handy someday.