Clark Peterson wrote:
I agree that off the top of my head I cant think of athis would show up in an amatuer's (or lazy professional's) declaration.
way to have a negative designation be in and of itself
a sufficient designation.
For example, if the only designation is "The name "Doug's Book", the charater "Doug", and the fancy font used for page numbers are product identity.", it's probably clear that everything else is OGC.
The only time this would really come up is if someone sued the publisher of "Doug's Book" for not correcting it immediately, and the publisher wanted to say "Yes, I did, and so I'm not in violation." Not being a lawyer, I have no idea if it would hold up--but Wizards saying something like "If it's not marked, it's OGC" might swing the case.
Negative designations are hardly ideal, but they might meet the legal muster.
DM
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