Legal Fight over 1/32 Lancaster

[Twokidsnosleep]

This seen on FB today:

Today BORDER MODEL will issue a statement about Lancaster.
We released the 1/32 AVRO Lancaster w/full Interior 2 months ago. We did not mention any words about WINGNUTWINGS in all our official presentations. And did not use any rendering used by their company. The only BOXART used is from Mr. Mark Postlethwaite, the artist from whom we purchased the rights to use this Lancaster painting. Although all modelers know that this kit first belonged to WINGNUTWINGS.
But the true story is that WINGNUTWINGS has never paid for the Lancaster molds since they announced their closure in 2020. As far as I know WINGNUTWINGS also owes a lot of mold fees to many mold factories in China. The factory owners are already on the verge of closing down because of the COVID19 in 2020 and the 2021 China's power restriction policy. One of the factory owners who helped WINGNUTWINGS to make the Lancaster molds is our friend. They complained to us that the department that WINGNUTWINGS has not responded to emails for a year and a half since 2020. They don't pay fees and would not say anything about the reason. Finally in June of 2021, the factory owner sent them a final email, which probably read: If you do not pay for the tooling and give a reasonable response and explanation within a month. We will dispose of LANCASTER's molds by ourselves.
One month later, the factory had not received any positive response and certainly no payment. Subsequently, for many reasons, including helping the factory to recover its costs and BORDER also very much hope that this LANCASTER can be successfully launched, because it is the dream of many modelers including us！Then we signed a contract to purchase the mold on July 29th 2021. From now on, the 1/32 scale LANCASTER molds belong to BORDER MODEL!
But it was not an easy project. First of all we didn't have any CAD drawings of the Lancaster, and we used a special method in order to finish the assembly instructions. It took a lot of time and money to complete the instructions. Secondly, the molds for the Lancaster were not finished. There are many parts of such a huge bomber that contain many mistakes. Some details were missing, and some parts could not be assembled. We spent more time and money tweaking and repairing the molds because we didn't want such an epic product to come to market with flaws!
Our high retail price is also due to the above reasons. High tooling costs, more modification tests, difficult assembly instructions and all kinds of unforeseen risks. And we didn't think there would be great sales for such a huge aircraft.
Then in October, we received a letter from the lawyer of Peter Jackson, the founder of WINGNUTWINGS.
The lawyer's letter claims that we stole WINGNUTWINGS' molds and violated their intellectual property rights. The lawyer's letter is full of fabrications and lies, and claims that "BORDER obtained the molds from WINGNUTWINGS". Everyone knows that all official statements of BORDER do not mention even one word about WINGNUTWINGS. And our molds were legally purchased from the mold factory!
Then we replied and explained everything, but got no reply! After another half month, all BORDER agents around the world received a letter from Peter Jackson's lawyer. He threatened our agents not to allow them to sell BORDER 1/32 LANCASTER, which made us very angry! The lawyer's letter slandered us as thieves and said we were infringing their intellectual property rights.
First of all, according to the contract between the factory and WINGNUTWINGS, the ownership of the LANCASTER mold belongs to the factory until the payment is completed made. The factory finally sold the molds to BORDER legally after a year and a half of communication without any response and learning that WINGNUTWINGS had closed down and sent an ultimatum. So 1/32 of LANCASTER's molds belong to BORDER without any doubt!
Secondly, the article about infringement of intellectual property rights is even more ridiculous. Everyone knows that military models are not copyrighted. Neither we nor the factory keep or use any of their company CAD drawings (which I think WINGNUTWINGS employees know), the factory only has 3D drawings of the parts used to design the molds. We have relied on a unique approach to creating the instructions. And we have modified many bad designs of the mold. The overall design has also undergone some modifications due to problems with the mold and the injection process. This is already a completely new development, so WINGNUTWINGS has no so-called "intellectual property" for this mold!
A final word about Peter Jackson and WINGNUTWINGS: Many people at WINGNUTWINGS knew in advance that we had purchased the LANCASTER mold, and they were all very happy to have this product available and helped us out a lot. They are all very wonderful and friendly people. As for the great director Peter Jackson, I guess he must be especially fond of LANCASTER, but unfortunately, although he is a great director, he is a failed scale model company owner. His own company is operating without any concern for all projects, and when he encounters difficulties, he simply closes the company, completely disregarding the livelihood of his employees! His company owed several factories in China more than a million US dollars in unpaid mold costs, which is the sign of a completely selfish and irresponsible person!
Maybe Peter Jackson thinks he is very rich and has a bunch of lawyers with nothing to do, so he can go around slandering and insulting people, and these lawyers' letters make us out to be criminal thieves and liars. Seriously damaging the image of our company and intimidating our agents! However, it is you who can do such a bad thing without knowing everything, or maybe you think that Chinese model companies and mold factories only steal your poor "intellectual property". And you are free to break the contract and default on the money that the factory depends on? So next time before you send a lawyer's letter, please make sure you are a responsible and trustworthy person.
At the end, I really hope Peter Jackson can reopen a modeling company, we would love to compete and battle with you in this industry. If not, then I think it's better for you to make movies.
BORDER's 1/32 LANCASTER will be released worldwide in December 2021, we have finished all the mold modifications, finished all the instructions, decals, painting instructions, and are in full production and packaging!
Either way we will release LANCASTER ！！！！

[Stokesy44]

So its a corporate case of 'as you were' chaps!

[Garion77]

That is harsh !!! well not much to say... that's pretty much what always happens when a company closes.

[Twokidsnosleep]

You need a microscope to read it, but this is the alleged cease and desist order from WNW lawyers

[digger303]

Interesting indeed. I had wondered if a legal bun fight might happen. If the Border models claim is correct then WNW I would think don't have a case and are trying bully boy tactics....IMHO.

[Garion77]

it does look like a bully tactics to get money from a failed venture for Jackson

[RangerNeil]

I thought WNW no longer existed - hence all the employees getting the heave-ho?
That being the case - how can a no longer existent company be issueing - or attempting to issue - "Cease and Dsist" orders??

[Twokidsnosleep]

I thought WNW no longer existed - hence all the employees getting the heave-ho?
That being the case - how can a no longer existent company be issueing - or attempting to issue - "Cease and Dsist" orders??

Ok as far as I have read and understand:
So WNW contracted a Chinese company to make the kits. They were owed millions of dollars and attempted to collect from WNW which went belly up suddenly
The Asian company sent a letter stating they would take ownership of the moulds in lieu of moneys owed if no response by such and such a date
WNW did nothing so moulds got appropriated and sold off to Meng for the Red Baron kit and Border models for the Lanc
Then WNW started threatening the suppliers to cease and desist distributing the models after a year or so as they could not stop the company from manufacture.
All very sticky and legal mumbo jumbo ish
Not sure where it will end up

[RangerNeil]

As long as the kit ends up in my stash - I'm not too worried in all honesty.

[Twokidsnosleep]

As long as the kit ends up in my stash - I'm not too worried in all honesty.

100%
Not a Peter Jackson fan after his bad business and poor treatment of their talented designers

[Stokesy44]

As long as the kit ends up in my stash - I'm not too worried in all honesty.

100%
Not a Peter Jackson fan after his bad business and poor treatment of their talented designers

Some of the former WNW employees have started their own model company. Kotare Models Ltd. Their first release, due next year, is a brand new 1/32 Spitfire Mk1

https://www.kotare-models.com/products/ ... e-mkia-mid

Agree with your assessment of Mr Jackson. Disappointing.

[Twokidsnosleep]

I did not know that @Stokesy44
Boy I bet that will be an awesome model!
Glad I just made a 1/32 MkI spit...one less kit I need to buy in 2022

[digger303]

As long as the kit ends up in my stash - I'm not too worried in all honesty.

100%
Not a Peter Jackson fan after his bad business and poor treatment of their talented designers

Some of the former WNW employees have started their own model company. Kotare Models Ltd. Their first release, due next year, is a brand new 1/32 Spitfire Mk1

https://www.kotare-models.com/products/ ... e-mkia-mid

Agree with your assessment of Mr Jackson. Disappointing.

Yes Jackson is a poor individual, no sense of honour.


Ps...podcasts keep you up to date

[RangerNeil]

I did not know that Stokesy44
Boy I bet that will be an awesome model!
Glad I just made a 1/32 MkI spit...one less kit I need to buy in 2022

Hah!!!! Who are you trying to kid?? You know you will take one look and go Wow!! handing over the ££'s/$$"s like the rest of us.....

[Twokidsnosleep]

I did not know that Stokesy44
Boy I bet that will be an awesome model!
Glad I just made a 1/32 MkI spit...one less kit I need to buy in 2022

Hah!!!! Who are you trying to kid?? You know you will take one look and go Wow!! handing over the ££'s/$$"s like the rest of us.....

Nope 2022 is the year I will buy no model kits






lol:

[digger303]

I did not know that Stokesy44
Boy I bet that will be an awesome model!
Glad I just made a 1/32 MkI spit...one less kit I need to buy in 2022

Hah!!!! Who are you trying to kid?? You know you will take one look and go Wow!! handing over the ££'s/$$"s like the rest of us.....

Nope 2022 is the year I will buy no model kit

lol:

2022 is the year you add more storage.......

[Kevthemodeller]

A good friend of mine used to live a stone throw from Hood airfield. When I visited Christmas/New Year 18/19 he tried to get me into the the museum, but it had been shut for months, although private aircraft stored there were still flying on and off. There was rumours about issues within the group, amongst the people who lived locally and worked and volunteered there, not to mention the fraud case.

Reading some of the many articles to be found on the web, it would appear Peter Jackson is a very selfish person. Many of his ex staff I believe, still haven't received any money and many suppliers haven't been paid. I do hope the company set up by ex WNW employees ends up being a success, it should be as it was their expertise that did the work, not Jackson.

He just supplied the investment and pocketed the lion's share of the profit no doubt.

[Twokidsnosleep]

The first kit review video of this monster I have seen (I did English subtitles)
It is a pre production version so no instruction sheet yet. Look at that box art!!!

[cor]

Yes, thats a very nice cover.

[Stokesy44]

Holy smokes! The detail! The stressed skin effects on the fuselage had me crying in the corner like a little baby!

[RangerNeil]

Oh my gawd - the size of the box!!! The courier is going to have a fit delivering that. It really is suitcase size...

[digger303]

Oh my gawd - the size of the box!!! The courier is going to have a fit delivering that. It really is suitcase size...

Lets hope it doesn't pee the posties off and they start kicking it across to the van.
That Peter Jackson and the way he just shut down the company was bad enough, but to not pay the guys who work there and the suppliers just classify him as a A grade AH. I'm glad HK models took ownership in lea of payment and finished the kit. I hope they do very well out of it. That would be spitting in his eye.

[Twokidsnosleep]

Holy smokes! The detail! The stressed skin effects on the fuselage had me crying in the corner like a little baby!

Ya she looks pretty

[Garion77]

Thanks for sharing that !
The amount of details is amazing !! The way they replicated the seatbelts with the seats ! As good as a resin seat. Let's hope the fit is good !! because a that price and if you have to remove some of the raised details, it's hard to put back.

[NoelSmith]

If Wingnut Wings have purportedly ceased trading as a company, where might the legal fees be coming from to fight a case about the Lancaster moulds?

[Garion77]

If Wingnut Wings have purportedly ceased trading as a company, where might the legal fees be coming from to fight a case about the Lancaster moulds?

From what I know and read on the internet, it's a legal action from Peter Jackson himself. Something about still owning the molds or something like that. But it was Border Models that was developing it for them but never got paid for.

[RangerNeil]

If Wingnut Wings have purportedly ceased trading as a company, where might the legal fees be coming from to fight a case about the Lancaster moulds?

From what I know and read on the internet, it's a legal action from Peter Jackson himself. Something about still owning the molds or something like that. But it was Border Models that was developing it for them but never got paid for.

There is precedent in law for a "contractor" to seize assets in lieu of unpaid bills.

[Twokidsnosleep]

If Wingnut Wings have purportedly ceased trading as a company, where might the legal fees be coming from to fight a case about the Lancaster moulds?

From what I know and read on the internet, it's a legal action from Peter Jackson himself. Something about still owning the molds or something like that. But it was Border Models that was developing it for them but never got paid for.

There is precedent in law for a "contractor" to seize assets in lieu of unpaid bills.

Indeed
And a DBag who cuts and runs, fires staff, doesn’t pay the bills along the way…well he is toast
Lost a TON of respect for Sir Jack______…insert a euphemism of your choosing

[digger303]

From what I know and read on the internet, it's a legal action from Peter Jackson himself. Something about still owning the molds or something like that. But it was Border Models that was developing it for them but never got paid for.

There is precedent in law for a "contractor" to seize assets in lieu of unpaid bills.

Indeed
And a DBag who cuts and runs, fires staff, doesn’t pay the bills along the way…well he is toast
Lost a TON of respect for Sir Jack______…insert a euphemism of your choosing

APPARENTLY you don't have to be a good person to get knighted either. They should make that so it can be taken away from you if you are seen to be a DB.

[NoelSmith]

Hmm.
If the company has actually been wound up and is a limited company, then the company existed as a person/entity in its own right in law.
So any liability is limited to the company only and not all its direct employees.
Border Models may well have been within their rights to confiscate the moulds that were not paid for by that company, but as for marketing kits made from those moulds may well be contravening a copyright and therefore may be an issue with the copyright holder.
Watch this space as the legal fight might get a bit interesting.

[RangerNeil]

Hmm.
If the company has actually been wound up and is a limited company, then the company existed as a person/entity in its own right in law.
So any liability is limited to the company only and not all its direct employees.
Border Models may well have been within their rights to confiscate the moulds that were not paid for by that company, but as for marketing kits made from those moulds may well be contravening a copyright and therefore may be an issue with the copyright holder.
Watch this space as the legal fight might get a bit interesting.

It could - and probably will - be argued that, at the time of WnW's folding the moulds Border Models had were the prototypes that were seized in non-payment. Subsequent to that Border Models have expended their time, effort and money into turning the prototype moulds into production moulds. Any legal claim Jackson has will be on the prototype moulds and anything produced kit-wise from those moulds. As has been said - this could get very interesting!!

[digger303]

Hmm.
If the company has actually been wound up and is a limited company, then the company existed as a person/entity in its own right in law.
So any liability is limited to the company only and not all its direct employees.
Border Models may well have been within their rights to confiscate the moulds that were not paid for by that company, but as for marketing kits made from those moulds may well be contravening a copyright and therefore may be an issue with the copyright holder.
Watch this space as the legal fight might get a bit interesting.

It could - and probably will - be argued that, at the time of WnW's folding the moulds Border Models had were the prototypes that were seized in non-payment. Subsequent to that Border Models have expended their time, effort and money into turning the prototype moulds into production moulds. Any legal claim Jackson has will be on the prototype moulds and anything produced kit-wise from those moulds. As has been said - this could get very interesting!!

Very interesting indeed and personally hope he copes a financial/ judicial black eye out of it......Not that I'm biased and pre judging before the courts had a go...

[digger303]

While not directly related to this legal fight it does give some insight into his business relationship with NZ.
https://www.nzherald.co.nz/business/pm- ... CVIVYFTY4/

[Twokidsnosleep]

Another YouTube video about the release…but
All the dude does is rail on about the price….which HE HAS DEAD WRONG.
He also complains about flash that is on a sprue tree lead to parts.
Questioning what the kit quality will be, yet showing how good the part detail is on absolutely every part with absolutely no flash
Puzzling

[ForbesHutton]

Peter Jackson vs. Michael Moore

who would win a pie eating contest?

[Stokesy44]

Another YouTube video about the release…but
All the dude does is rail on about the price….which HE HAS DEAD WRONG.
He also complains about flash that is on a sprue tree lead to parts.
Questioning what the kit quality will be, yet showing how good the part detail is on absolutely every part with absolutely no flash
Puzzling

Well mate, as Dirty Harry said, 'Opinions are like a***oles, everybody's got one.' Sounds like the guy just wants the views and likes.

[Stokesy44]

The thing that occurs to me is that surely BM would have taken significant legal advice before taking on the kit and deciding to release it.

I'm not going to venture an opinion on what they have done and whether PJ has a case etc. I'm a mortgage administrator, not a lawyer. Its highly likely I will never buy the kit anyway. Its just too big, despite its undoubted excellence.

[Twokidsnosleep]

Ok here we go. Andy’s Hobby Headquarters…much better show

[Twokidsnosleep]

Peter Jackson vs. Michael Moore

who would win a pie eating contest?

MM has far more practice and expertise at that I wager…if he can stop talking long enough to jam some pie into that pie hole

[aur0ra145]

This is a great looking kit, to bad I don't have anywhere I could display it.

[Stokesy44]

Regardless of any potential legal kerfuffles......

ITS OUT!

Unboxing from Nigel's Modelling Madness. I love his enthusiasm. And the kit looks stellar.

[digger303]

WOWWWWW.
The crispness of the detail is out of this world. A established company would be struggling to do this well let alone a new company only a few years old with not that many kits.
I'm a tanker and I even would want one of these.....just have to sell the other kidney.....

[BigWall]

What an amazing kit! But, even if I wanted to afford it, I don't have room to display it and I don't have the skills to do it justice. Looks like it would be a really fun build. There's so many parts!

[RangerNeil]

Ammo are giving a mid-May delivery date. Dammit - I cannot wait to get my hands on this beast of a kit!! I predict a very long slow build to do it the best justice possible once it gets here.

[Stokesy44]

Ammo are giving a mid-May delivery date. Dammit - I cannot wait to get my hands on this beast of a kit!! I predict a very long slow build to do it the best justice possible once it gets here.

[Twokidsnosleep]

Oh shite, I better start cleaning up my model space

[RangerNeil]

Ammo are giving a mid-May delivery date. Dammit - I cannot wait to get my hands on this beast of a kit!! I predict a very long slow build to do it the best justice possible once it gets here.

Patience I have - in certain unique situations.
I make up for this by the most impatient SOB at all other times - including this one....

[Twokidsnosleep]

How about this for a display idea

[digger303]

How about this for a display idea

Now if you sit it in a huge block of resin and simply turn it over 1/4 turn every so often to display all surfaces that would be cool. Might need a fork lift to do it and a big cheque book OR how about making a divider wall out of resin with all the builds encased in it....yeah god I'm on fire today...

[Stokesy44]

How about this for a display idea

Now if you sit it in a huge block of resin and simply turn it over 1/4 turn every so often to display all surfaces that would be cool. Might need a fork lift to do it and a big cheque book OR how about making a divider wall out of resin with all the builds encased in it....yeah god I'm on fire today...

Blimey mate, take a lie down in a dark room! Loving the creativity though!!