Hi >> > >> Lee creates a creature called a "Lizard Snark". It has a stablock >> we'll >> > >> call "A". Lee PI's the name. Tom creates a creature called >> "Lizard >> > >> Snark" with a statblock we'll call "B" and OGC's the name. They >> are >> > >> created independently. >> > >> >No such thing as created independently! (just because you claim never to >> >have heard of Nike does not mean that you can start making shoes called >> >Nike! - even if you do live on the moon)
>> But I can create a creature called Nike and I could even trademark that >> creature. In this case the two Lizard Snarks have different descriptions >> (the stat blocks) and as long as the descriptions are different, both >> claims to Lizard Snark are equally valid. If you created a creature called Nike then I would expect to be sued by Nike as they will have trademarked their name in all categories. Trademark split the world into seperate categories and generally you only register you trademark in on or a few categories that are applicable to your business, however large organisations liek Nike will claim that they need to protect their name in all categories because their brand is so big (this BTW costs a lot of money, especially if you then do it in every country around the world, 1 trademark in 1 category around the world costs about $200,000 - I have first hand experience of this). >> >Lee should sue Tom for using his PI. The fact that Tom was not aware that >> >> >Lizard Snark already existed is no defence (Tom should have checked >> >first). If this came to court then Lee would have to prove that he had >> >created Lizard Snark and PI'ed it before Tom created did. >> Checked what first? Tom created his Lizard Snark without knowledge of >> Lee's >> Lizard Snark. Lee has no grounds for suing Tom since the stat blocks are >> different. The stat block is completely irelevant. Tom used someone elses PI without there consent. End of story! >> >If Tom had actually created his first and had OGC the name then it would >> >not have been Lee's to PI in the first place. (you can only PI what you >> >are allowed to - i.e. own or licence) >> Lee can PI any name he pleases whether or not Tom has already OGC'd it. >> He's PIing his Lizard Snark, not al Lizard Snarks everywhere. Change the >> name to Zeus. Lee can PI his version Zeus all he wants. Tom can OGC his >> version of Zeus. It's the same situation here. PI has one and only one purpose, to protect a name or concept etc. All the stat blocks are by definition OGC anyway. All that Lee is doing by declaring Lizard Snark as PI is preventing anyone else ever calling any creature Lizard Snark regardless of what it does. >> >If Lee did nothing then he would be accepting that he does not have a >> case >> >and Lizard Snark would become OGC for ever. There would be a maximum >> >length of time that Lee could leave it before suing Tom, not sure what >> >that would be, 12 months?, 10 years? (someone with some legal knowledge >> >want to help out?). >> We are not talking about trademarks. Don't refer to them in this >> discussion. And there is no set time period if we were discussion >> trademarks. The time period is whatever the trademark holder can get away >> with in front of a judge. As I have said before, I think trademark law is the most aplicable to PI, hence I will keep refering to it. What you say about the length of time might be right, I do not have specifics. >> >If you knew of the existence of both Lee and Tom then I would highly >> >advise that you contact Lee. He may well be aware of the situation and is >> >> >about to sue Tom and if he wins then he will be coming after you next! >> This is why I don't use any material that PIs names of game objects >> (spells, monsters, feats, etc). Whether you use that material or not is irelevant, if it is PI'ed then you are not allowed to use it (even if you don't even know it exists!) >> >All of this is based on existing copyright law which is what the whole >> OGL >> >and PI is based on (although of course no one really knows until it >> really >> >does end up in court). >> No, you are arguing trademark law. Copyright law expressly forbid the >> protection of titles. Want to write a book called Catcher in the Rye? Go >> for it. No one can stop you. Want to a make a book with a main character >> called Holden Caulfield? Go for it. Just don't call that book Catcher in >> the Rye. I agree completely, if we where all governed by trademark (or copyright) law. We are not, we follow the OGL and that allows PI. Now if someone creates a book under the OGL called Catcher in the Rye then NOBODY else can use that name in any other OGL product ever!!! Cheers Mike Dymond Managing Director Myriador Ltd. a: Flat 1 The Old School House, 25 River Street, Pewsey, Wiltshire, SN9 5DH, UK m: 07900 042 293 t: 01672 564 254 f: 01672 564 254 - please phone first e: [EMAIL PROTECTED] w: www.myriador.com _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
