>From: Justin Bacon <[EMAIL PROTECTED]>
>For example, let's say that PEG publishes OGC for DEADLANDS, and identifies
>"DEADLANDS" as PI. I write a derivative product, and reference PEG's HELL
>ON
>EARTH. Later, PEG publishes OGC for HELL ON EARTH and identified "HELL ON
>EARTH"
>as PI. Am I now in violation of the OGL? Would I have been in violation of
>the
>OGL if PEG had published their HELL ON EARTH material before I published my
>DEADLANDS-derived material? If I hadn't know that PEG had published OGC
>HELL ON
>EARTH material?
OK, lets assume that PEG released "Deadlands d20" with "Hell on Earth" as a
descriptive slogan.
*UNLESS* there is OGC with the term "Hell on Earth" in it, you can't use it
because it's a Trademark (look at the OGL.)
If PEG idetifies "Hell on Earth" as PI, then you can't use it *even if* it's
in OGC.
Of course, "Hell on Earth" could also be a short phrase--such as a demon
shouting out "there shall be hell on earth!"--which probably couldn't be
construed as a violation of PI or Trademarks. (That's just a trademark
tangle, and the OGL doesn't deal with it--the courts, and you and PEG,
would.)
>So I *am* in breach if I use someone else's trademarks, regardless of
>whether
>they've published OGC or not?
Yep. But unless someone suffers Damages from your breach, you aren't
liable. Silly me forgot that. (Of course, they'd probably still be able to
get a "Cease and Desist" Court Order.)
Then again, if your Breach causes someone *else* to inflict damages, and
they acted in good faith on your release, they'd be going after you to
recoup any damages that *they* suffer. (Just like if your lawyer messes up
royally, you go after him for losing the case out of gross negligence.)
DM
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