On Sun, 13 Aug 2000, Tim Dugger wrote:
> Yes, court action costs would be reduces, but only by the amount
> saved by the lawyers having less work to do.... (which is a good
> thing for a small company trying to protect its trademark....)
But not good for the small RPG company on the other side of
that case. Don't be so sure someone won't have an issue with
you one day.
> The clause, as I read it originally, does not remove this need. It
> may make it easier to fulfill this requirement, but it cannot remove
> it from the law. The clause cannot change current laws......
The clause does not change current laws. When you use material
licensed under the OGL, you agree to the new clause. If someone
were to sue you for violating that clause of the OGL, they would
have to show 1) you used a trademark and 2) that trademark is valid.
If someone were to sue you for trademark abuse, they would have to
show 1) and 2) previously PLUS market confusion or dilution or
tarnishment.
> Yet, if a small company gained the approval to use the trademark,
> as the clause says, then this would reduce the amount of lawsuits.
> If permission is given in advance, it reduces the chances of the
> trademark holder successfully bring suit at a later time......
That is a very, very big if. Any company with a valuable
trademark is not going to grant you specific permission to
use their trademarks. It's a big risk they don't want to
take.
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