--- Paul W. King ----Can a product name be used if its OGC without the publisher's permission?1f defines trademarks as including product names, and 7 says you can't use trademarks without written permission.
If the product name has been declared OGC than you can use the product name under terms of the license and without explicit permission.
If the product name is not OGC than you cannot use it without permission. Just like everything else.
*:> Scott
I think we have here, again, a contradiction in the license. On the one hand, it *does* seem to redefine "trademark" for the purpose of the license (1.(f)). OTOH, it seems to refer to conventional trademark definition when it actually restricts you from using them (and then only for the limited-yet-broad use of indicating "compatibility or co-adaptability" with the trademark), because "Registered Trademark" is at no point defined in the license, so it must be referring to the conventional definition of that term (7.).
This is further complicated by the fact that my understanding is the title of a book can not, generally, be trademarked. A series of books can be, and a book title that incorporates trademarked elements wouldn't render those elements non-trademarked. Thus, "Dungeon Master's Guide" is effectively trademarked, because "Dungeon Master" is. But the vast majority of books, RPG books included, won't have trademarked titles (claims of the publisher notwithstanding).
I wonder if 1.(f) is to be read in a very strict sense: the Contributor has to essentially designate those things as trademarks for the purpose of the license. IOW, a product title doesn't automatically get considered as a "trademark" for WOGL purposes, but must be designated as the "identifying name" of the "contributed product", or somesuch legal gobbledigook.
I dunno. I'm inclined to consider 1.(f) a redundant restatement of the basic principle of trademark, thrown in there in a misguided attempt to make the license "friendlier" for non-lawyer readers, and just assume standard rules of trademark apply, vis-a-vis the restriction on using them for indicating "compatibility or co-adaptability". IOW, you can't cite trademarks, which would keep such things as Dungeon Master's Guide and any book with Forgotten Realms or Dungeons & Dragons in the title off-limits, but the vast majority of RPG books could be safely cited. In short, if the work you want to refer to the name of doesn't claim the title as a trademark, i think you're in the clear. If it does, you'll have to decide if (1) the trademark claim is valid and (2) you want to challenge it.
1.(f) "Trademark" means the logos, names, mark, sign, motto, designs that are used by a Contributor to identify itself or its products or the associated products contributed to the Open Game License by the Contributor [snip] 7. Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity.
-- woodelf <*> [EMAIL PROTECTED] http://webpages.charter.net/woodelph/
You can't depend on your judgement when your imagination is out of focus. _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
