>
>For example, lets say you made a module and advertised it as "an expansion
>to Necromancer Games adventure Rappan Athuk" or if you said "compatible
>with Necromancer Games products!" right on the front and you didnt get
>permission from me. Or lets say you release a product and advertise it as
>"compatible with" some other d20 company.
>
>Guess what? Even without the OGL in place you get sued and get an
>injunction against you releasing your product. ...
>
Actually Clark, I think you are dead wrong here. TSR sued Mayfair games in
the late 80's over just this issue (a small label that said "This product is
compatible with D&D, trademark used without their permission.") and lost in
a very big way. If I recall correctly, the arguments centered around
consumer confusion. Plain and simple, there is nothing in the law
preventing you from comparing your product with another - even to the extent
that that comparison is a favorable one, ie: "works just like".
BTW does somebody have the link to that court case - I believe it was posted
back in February?
In reality, saying "compatible with" is nothing more than an objective
comparison. It doen't dilute or infringe. IE: I can say my software is
compatible with Microsoft Windows until the sun falls down - nobody can sue
me unless it is obvious I am lying.
Oh - IF I am lying the consumer can sue me for misrepresenting my product -
but I have not infringed on or diluted a trademark by making a comparison -
as long as there is no confusion by the customer. This is *NOT* a real grey
area here - but it is an area where the lawyers constantly work to MAKE it
grey, so it can be argued.
In the gaming industry it may be tacky, it may be irritating, but its is not
illegal.
Faust
See the OGF FAQ at:
http://www.earth1066.com/D20FAQ.htm
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