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They will know how much product the stores are selling based on how much product they are ordering from GW.
I can all but guarantee GW will do this for all their stores and their linked 3rd party stores.
Any judge in the world will look at this and dismiss it on the spot. The more i looked at it and broke down a response, the less serious i started to take it as.
Imperial guard, unfortunately requires a little bit of license though, as, there are only so many ways you can depict basic humans in space... they are basic humans and will follow how things are currently just with different weapons. Sure they share similar basic start points, but they then diverge from there - hell, the comic series, several books and most of the films were all created after GW introduced the Tyranid range, so, you could argue that maybe they drew some inspiration from what GW designed.
Things that the plaintiff alleged GW stole from for their own games are Ridley Scotts Aliens, Dune, and actually it'd be quicker to list things that GW in all honesty did not take inspiration from for their games. If you want to be taken seriously, I suggest you don't use the term 110%.
Let's be honest, 40k is built upon the shoulders of giants. Also don't use exclamation points to try and create emphasis.
Each store i believe enters into an agreement with GW in order to stock and sell their product (which i believe also includes the requirement of them buying their stock straight from GW instead of another 3rd party).
This not only helps the store owner as he is then able to negotiate a reduced "buy in" price per kit, but also helps them get more people into the store.
Breach of contract deals with the plaintiff specifically feeling that GW is sabotaging his business through slander to his distributors and increasing the prices that he has to buy products at.