Clixmaps threatened with legal action by Wizkids

[hair10]

I had ordered the promo maps from clixmaps some time ago. I just received the email below from them. Going to their homepage, it looks like Wizkids threatend legal action for using the word "clix"!?!!?! They are changing to "something less confusing for the consumer".... Personally, I would think the disclaimer at the bottom should be what prevents "consumer confusion", but I'm no lawyer. The email:

Dear ClixMapsT fans,

First off, we at ClixMaps.com would like to take the time to thank you for your pre-orders of our promotional "Chemical Plant" map! Your excitement for this project has made it a huge success!

We would, however, like to offer a quick apology regarding the projected ship-to date of the promo map. Due to unforeseen "legal" concerns cited by WizKids, LLC., we were delayed in final processing of these maps. The good news is that they are STILL SHIPPING! The promo maps will be shipped no later than Monday, July 21st. In fact, most of you will incur no delay in receiving your order.

As part of these "legal" concerns, WizKids, LLC., would like us to change our name from ClixMapsT to something "less confusing to the consumer". We'd like to make you a part of that change! After all, you have made us what we are today. So, please take the time to visit our homepage (still www.clixmaps.com) and vote!

Also, since this delay is no fault of our fans, we would like to extend the offers of FREE SHIPPING and the REFER A FRIEND DISCOUNT until Monday July 21st*! For more information on these exciting offers, please visit our website.

Again, we apologize for any concerns this may bring, but rest assured, Xion Studios and the product-formerly-known-as-ClixMaps� are here to stay. The name will change, but the philosophies remain the same: "You don't
live on a flat world, why play on one?"T


*Purchase must be sent NO LATER THAN 11:59pm EST Sunday July 20th.


"You don't live on a flat world, why play on one?" is T & © Xion Studios, 2003 Xion Studios & the ClixMaps product are neither related to, authorized by, licensed by, or associated with WizKids, LLC.

[Trihorn]

Wow!

[tchipley]

That figures. I ordered the map for something different. I can wait a few more days to get it.

I voted for Xion Maps btw. It gives it a kind of "Matrix" feel as the clixmaps folk to battle against the "evil" corporation.

[Trihorn]

I chose Map Worx but was tempted to choose:

We Went Head-to-Head with WizKids, and All We Have to Show Is This Stupid Name.

[kon-el]

Where do we order them at???

[hair10]

Originally posted by kon-el
Where do we order them at???
Go to their website and click the "PreOrder" link at the bottom of the page. Tell 'em hair10 sent you. :)

[kon-el]

Next Question:

Do you have to use paypal???

[hair10]

Originally posted by kon-el
Next Question:

Do you have to use paypal???
Looks like it. Email them at [email protected] and ask.

[warden]

I'm amused by their pitch of "why play on a flat world?". The best feature of their maps is that they have no creases and so should lie flat!

Andrew

[Scipio]

This is the letter I sent to WK (and CCed to the Xion folks)....

I notice you didn't both to put news of your "sneak attack" against Clixmaps on your website....

I can understand your desire to protect your copyright (I assume you've copyrighted the term "clix" or are you just trying to scare a smaller company?). However, you had ample opportunity to serve the Xion folks with a cease and desist well before you did; everyone on your own message boards knew about Clixmaps and so did you (assuming you read your own message boards).

You intentionally timed your C&D letter to arrive the day before Xion was to ship out their first maps. This is very bad form and tarnishes your reputation. Competition is one thing; intentionally screwing your own customer (the only people who'd buy Clixmaps) is quite another.

The quality of clix themselves as a product is very high and I thank you for that. But the quality of the ancillary play materials (maps, markers, and scenarios) has been stunningly poor; you'll recognize this as not merely my opinion but the consensus of the posters on your own message boards . Do you read those? I don't know, I never see any replies on there from Wizkids; Xion reads their boards and replies all the time, I notice.... Perhaps they have more appreciation of their customers rather than the "tough luck buddy we're the only game in town" attitude Wizkids seems to have cultivated.

The only reason a company like Xion is making maps is because you dropped the ball. Please don't punish us your customers because we are seeking elsewhere the support we wanted from you, who were more focused on bringing new products to different audiences.

[Scipio]

Xion's website says....


July 15, 2003. 10:42 P.M.

The night before our maps were scheduled for release, we received a letter that can be summed up with its closing paragraph:

We must insist that you immediately cease and desist from the use of “CLIX.” If we do not have satisfactory evidence of your compliance with our request by July 18, 2003, we are prepared to take more formal action.

We look forward to your immediate compliance with this request.

Very truly yours,
WIZKIDS, LLC

This unfortunate turn of events will cause minor schedule re-adjustments, due to issues with printing and packaging. However, our customers need not be concerned; their product is still on the way and will ship no later than July 21, 2003. We are still accepting orders (and are also extending the pre-order promotions till 11:59pm EST Sunday July 20th).

We are now relinquished to changing our name from ClixMaps™ to something “less confusing to the consumer”. We’d like to make you a part of that change! After all, you have made us what we are today. Please take the time to vote below for whatever product title you'd most like to see on the shelves!

Again, we apologize for any concerns this may bring, but rest assured, Xion Studios and the product-formerly-known-as-ClixMaps™ are here to stay. The name will change, but the philosophies remain the same: “You don’t live on a flat world, why play on one?”™

[ClixMaps.com]

This recent turn of events has been unfortunate, but not crippling. Our company has been in contact with WizKids, and our relation is in no way hostile or unfriendly. In fact, we offered our product to them first, and they politely declined. We will admit, the usage of the word "clix" may have been naive. However, we are trying to offer a service to our customers, not a name. We will be changing our product line's name, but in no way the quality or philosiphies. With WizKids' announcement to release additional maps later this year, we understand that we are now in competition with their company, but hope it to be a friendly engagement that can only benefit the consumer.

We don't want to turn this into some sort of standoff. Xion Studios genuinely appreciates all the support (and even the constructive criticism) that we've received over the last few weeks. We aren't going to be intimidated, and we intend to continue serving the ClixMaps community as long as they want us.

Best wishes,
- The Xion Studio Team
http://www.clixmaps.com/
http://www.xionstudios.com/

[Trihorn]

Originally posted by ClixMaps.com
we understand that we are now in competition with their company,

That's funny one of the suggestions of the poll is Better than Theirs. lol I'm kidding. ;)

[chi_madnes]

i guess I'm dumb but this thread made me look into clixmaps and they've got niiiiice stuff. I had to order one even though I may never get it

[hair10]

I have no doubt that you'll get the map. They seem to be an up-and-up company that is genuine in what they are trying to offer the Heroclix community. What I don't understand is Wizkids attitude towards this. More maps (from Wizkids or other companies) means more play choices. More choices means keeping things interesting in terms of varied games. Keeping things interesting means more people play. More people playing means more sales for Wizkids. It's a win-win for everyone! Wizkids ought to be helping promote this stuff rather than bringing out the legal thumbscrews. I understand that Wizkids will be putting out their own new maps, but how often are they going to come out with a new pack? Once, maybe twice, a year? And how many of us will ever say "whoa... wait a minute, no thanks... I've got enough maps". It won't happen. We might as well be saying "whoa... wait a minute, no thanks... I've got enough clix". It's not called Herocrack for nothin'!

[EchoTangoWun]

I hope Xion puts out a lot of maps. And crease free is always a bonus!!! I origionally voted for Map Worx but somebody at my comic store said Bill Gates would probably sue then. Sheesh, what ever happened to good ole capitalism? Instead of letting the market choose, we let the courts. Oh well. Wonder if my 300 point team could assault WizKids HQ and steal a prototype Indy figure.....

[Lex Luthor]

First, I'm all for protecting intellectual property, trademarks and etc, BUT...

WizKids needs to understand that we clixaholics (ooops! I used clix) are hungry for products like these! After attending Origins, my wingman Webhead817 and I were commenting on the utter lack of good scenery, objects, and maps for the Heroclix game system. We would both spend huge dollars for quality built and produced items along these lines. Of course my first choice would be to buy from and support WK but if someone else is going to put up products then I'm going to look at them.

I mean MK has castles, Trolls, dungeons and whatnot. MW has the now infamous Dropship. HC so far has the Sentinal/Sinestro figs, and one adventure pack (of horrible quality) to date. With map kits coming...

Wake up WizKids! There is a market for this stuff, dont miss the boat.

[Homerclese]

sorry to point out but there are two HC adventure maps: indoor and outdoor.
anyway, i doubt wixkids had 'clix' on it's own trademarked but proberly they have it change now...

[Ramplate]

Thanks to the Dairy Industry the word cheese can no longer be used to describe any Hero Clix team in any way shape or form.


:confused: :rolleyes: :noid:
"Behold!! The Power of Cheese!"
:laugh: :laugh: :laugh: