Clark,
First let me say that the art is indeed impressive, as is the marketing text
and the whole slant.
But I have to wonder if the whole site is not SLIGHTLY in violation of the
draft D20STL, in partcular section 3.3.3. "You may not use the Dungeons &
Dragons(R) or Wizards of the Coast(R) trademarks in advertising or in any
material separate from the Publication, or in any other way other than that
described in Section 3.3.1 and 3.3.2."
Here are the two sections referenced:
3.3.1. You may place a notice in the Publication that reads: "Requires the
use of the Dungeons & Dragons(R) Player's Handbook, Third Edition, published
by Wizards of the Coast(R)." If typography permits, the "(R)" indicia should
be converted to the recognized "circle R" character.
3.3.2. If you use the provisions in 3.3.1. you must attach the following
notice to the Publication: "Dungeons & Dragons(R) and Wizards of the
Coast(R) are Registered Trademarks of Wizards of the Coast, and are used
with Permission." If typography permits, the "(R)" indicia should be
converted to the recognized "circle R" character.
You have 3.3.1 covered (your wording is not exactly correct only because
your wording is factually correct: you say "soon to be published" instead of
"published"). You're a little off on 3.3.2, again in ways that are more
correct now, but will need revision when D20STL and OGL are released. Very
nice, very careful wording. Kudos.
But the fact that you have covered 3.3.1 and 3.3.2 so well leaves me baffled
in regards to 3.3.3. I note that you carefully use the term "3rd Edition"
throughout, a term which is not yet a Wizards trademark in the gaming field.
I HIGHLY doubt they would ever successfully trademark such a generic and
descriptive term, no matter how limited the domain. So that certainly seems
safe. But you also use the Dungeons & Dragons(R) trademark in a few places
NOT covered by 3.3.1 or 3.3.2 and thus seemingly forbidden by 3.3.3. Though
I suspect these uses classify effectively as news or commentary and thus
probably legal from a traditional view, I wonder if their use in seeming
violation of 3.3.3 might void your right to produce D20STL material. That
would leave you in the odd position of being able to make the promotional
statements but not distribute the product.
You have a nice site, so I hope I'm wrong in this. I would appreciate
hearing your much more informed opinion on how your uses of "Dungeons &
Dragons(R)" might not be a violation of 3.3.3. Of course, if I ever put up a
page along these lines, I'll be careful to have my own attorney review it
first.
Martin L. Shoemaker
Emerald Software, Inc. -- Custom Software and UML Training
[EMAIL PROTECTED]
www.EmeraldSoftwareInc.com
www.UMLBootCamp.com
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