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
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