Part of acquiring a trademark is ensuring that said trademark isn't in use
by other companies or individuals. You can't trademark something if somebody
else is selling a product with the same name, or if the term is judged to
already be part of the common domain.
That's why the NHL hasn't trademarked the word, "Hockey". Or why Virgin
records hasn't trademarked "Rock and Roll."
> ----------
> From: Kal Lin
> Reply To: [EMAIL PROTECTED]
> Sent: Monday, July 31, 2000 5:24 PM
> To: [EMAIL PROTECTED]
> Subject: RE: [Open_Gaming] Some license updates
>
> On Mon, 31 Jul 2000, Alec A. Burkhardt wrote:
>
> > As to Kal's example concerning Snakemen, you can't trademark an generic
> > concept. Your example of DC's Swamp Thing is mistaken in that you
> appear
> > to assume that it is the two words "Swamp Thing" that are trademarked.
> > It is actually the entire character concept that bears the trademark,
> not
> > simply the two words. Two non-competing industries can have companies
> > with the exact same name (and hence trademark) for example. Each
> > trademark is specific to the individual company and the industry it is
> in.
>
> I understand that. Let me give some more details of the
> hypothetical example.
>
> A bunch of small companies release a related series of fully
> open modules called "Snakemen of Blablabla" about these smart
> snakes that talk. They look like big snakes in every way.
>
> RPG company X releases a product called "Snakemen Clan"
> about these human looking guys/gals who worship snakes and
> do what clans do. RPG company X has a big hit and decides to
> trademark the terms "Snakemen" and "Snakemen Clan." Someone at
> RPG company X decides that "Snakemen of Blablabla" needs to go
> away. Even if they feel they would lose in a trademark dispute
> process, since these modules doesn't resemble their products at
> all, the new clause adds legal ammunition for their endeavors.
>
> After all, the purpose of the new clause is to "bypass" the
> trademark laws and dispute process in favor of trademark owners.
> One way it could happen is RPG company X buys one of the small
> companies and sues everyone else for breaching the OGL.
>
> I'd like to make another suggestion, instead of driving in a
> nail with a sledgehammer, how about forbidding the use of
> just WotC trademarks (ideally only in the D20STL).
>
> --Kal
>
>
> -------------
> For more information, please link to www.opengamingfoundation.org
>
>
-------------
For more information, please link to www.opengamingfoundation.org
