Faust-
Actually, that Mayfair case has NOTHING TO DO WITH
TRADEMARKS. The only issue dealt with in the decision
by that court is the fourth cause of action--the
breach of contract. And it is only a ruling on a
partial summary judgment motion.
The comment about restraint of trade relates to the
license between Mayfair and TSR that let Mayfair say a
product was compatible with D&D but prevented them
from saying it was compatible with any other fanstasy
game--sort of saying you can promote us but not anyone
else.
That Mayfair decision was not a trademark case. The
judge was not saying the trademark issue was a
frivolous one. He never reached that issue.
I just want more clearly defined rules. Basically, I
understand that it means we are playing in WotC's
sandbox. This clause in my mind amounts to a tacit
agreement--you dont use other people's trademarks, you
dont get sued. Fine with me. Because if law suits fly,
no one makes money and no one produces content. If
that happens d20/OGL goes no where.
Clark
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