>> 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.
Nope.
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78248500
Also, remember Nike is the Greek goddess of victory. If you creature refers to her, even Nike, Inc will not bother you. (Just be careful with those swooping curved lines.
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).
Look at the filing date on that link above: May of this year.
As I have said before, I think trademark law is the most aplicable to PI, hence I will keep refering to it.
Why? Nowhere in the OGL does it say, "Use trademark law as a basis for this concept."
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!)
Bull. You cannot enter into a contract unknowingly. The OGL contract is between the creator of Lizard Snark and the deriver. Everybody else on the planet is an outside party to this agreement. If I derive something from the deriver, our contract does not contain any mention of Lizard Snarks. Thus, I can create my own Lizard Snark even though it is PIed in the first book. I have no contract between myself and that first book.
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!!!
No, only people who derive from my Catcher in the Rye are in a contract with me.
Joe
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