At 14:28 -0700 7/22/03, Ryan S. Dancey wrote:
WotC doesn't own, and cannot successfully enforce a product identity
claim on the term "d20".  That's why they didn't try to trademark
"d20" in the first place.

<blink> Ryan and i are agreeing? One of us must've been pod-personed.


The OGL specifically enumerates what a
company can claim as Product Identity, and "die types" are not on the
list.  The list of "Product Identity" types is inclusive.

I do maintain, however, that they have a pretty good trademark
infringement case against any company that markets as products as "d20
X" - but that's an issue wholly separate from the OGL or the d20
Tradmark License, and is a matter of standard US trademark law.

Ah! Much better. Now we disagree. ;-)


In short:  They can put whatever they like into a Product Identity
clause, but successfully enforcing that declaration on a 3rd party is
probably impossible for something as vague as "d20" in anything other
than a trademark infringement case.

I do think that's an important point: the discussion seems to have leapt right over "is this PI declaration valid" and gone straight on to figuring out the ramifications of the PI declaration. I'm with Ryan on this one: it's an invalid declaration, so it doesn't really matter what the ramifications would be were it a valid PI declaration.
--
woodelf <*>
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#8 Second Law of Temporal Mortality
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Even when the 'Bad Guys' are killed so quickly they didn't even see it
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attributed to the belief that being evil damages the Reality Lobe of the
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