Bingo again! We have another winner!
>>> "Alec A. Burkhardt" <[EMAIL PROTECTED]> 08/02 8:46 AM >>>
On Wed, 2 Aug 2000, Faustus von Goethe wrote:
> >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".
And there is also nothing in the law permitting this use either.
Trademark law allows the holder to sue (as Clark states, and you actually
agree with in your example) if they feel your use infringes on their
trademark in some way. Whether or not saying something is "compatible
with" or "works just like" is infringing/diluting a trademark will depend
upon the specific facts of a case and turn on the evidence presented by
both parties.
> 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.
Actually whether or not saying "compatible with" dilutes or infringes a
trademark is a factual matter to be decided by a jury. In most cases you
are probably correct that it would not constitute infringement. But that
does not translate to such use be completely protected by trademark law.
alec
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