>From: "Matthew Gibbs" <[EMAIL PROTECTED]>
> > In a message dated Thu, 12 Oct 2000 5:05:32 PM Eastern Daylight Time,
>Steve Wieck <[EMAIL PROTECTED]> writes:
> >
> > << I don't understand how you might consider this legal. No matter how
>the
>D&D
> > trademark appears in an ad, it's still appearing in the ad. Just because
> > it's a piece of another image (your cover) doesn't give it any mystical
> > protection as far as I'm aware. >>
> >
> > Based on the idea that it *is* used legally on the product. And you need
>to be able to show your product in advertising in a way that is not a
>misrepresentation. Couldn't removing it set someone up for liability?
> >
> > -Paul @ Team Frog Studios
> > Publishers of Crunchy Frog / Nightshift Games
> > www.teamfrog.com
> >
>
>More of a question than an answer,
>
>Surely if the D&D trademark does not appear in your advert you are
>missleading the general consumer (who might for instance purchase through
>mailorder, only ever seeing an advertisment) by not stating that your
>product requires these core books. Does this not make you liable for
>falsely promoting a product that does not in itself stand alone (as in
>"this
>product requires batteries")? I admit my understanding of the law is very
>shakey about this matter, but if a product itself is not a complete item as
>such is it not a requirement of law that its must state what supporting
>material it needs on both its packaging (cover, box, etc) and in its
>advertisments as well?
[FAUST COMMENTS]
Give it up Matt. You are talking to a bigtime IP holder there. Despite
what the law says he, like Mr Dancey, gets payed to take the strictest
interpretation of the Trademark laws possible.
The trademark laws clearly make allowances for comparitive statements and
statements that a product "works with" or was designed to complement some
other IP, so long as their trademark is not used in a fashion that would
confuse the consumer.
The OGL however (probably rightly so) forbids such a use. This is part of
the so called "safe harbor" that protects those who release IP under the
OGL. Not gonna change. Might as well get used to it, even though the
consumer is the one that suffers the most from this policy.
Faust
See Faust's OGL FAQ (unofficial) at:
http://www.earth1066.com/D20FAQ.htm
(Yes it's still out of date - YOU try updating a 5,000 word FAQ...)
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