> I'm fairly certain I've identified myself as holding a law degree in early
> topics on this listserv, but perhaps not. In any case, I don't think
> anyone should put excessive stock in the fact that anyone on the list
> holds a law degree. Lawyers can be wrong about the law just like anyone
> else; although in this ongoing debate, I feel rather confident of the
> positions I've taken. I can only assume Clark does as well. :)
Allrighty then. In that case, my little uneducated self will go back to
making a game, and leave the license to the rest of you.
(I know lawyers can be wrong--but they're more likely to be right than
layfolk.)
> > Is the word dungeon, as used in the phrase, "lock him in the dungeon",
> > the trademarked name of WotC's magazine (in a legal sense)? If so,
> > we're screwed. If not, we're great.
>
> It's not. And it can't be. Here's the U.S. governments quick explanation
> of what a trademark is:
Coolness.
> A TRADEMARK is either a word, phrase, symbol or design, or combination of
> words, phrases, symbols or designs, which identifies and distinguishes the
> source of the goods or services of one party from those of others.
>
> taken from the U.S. Patent & Trademark Office web site
> (http://www.uspto.gov/)
>
> It's the final clause that's important here, the word has to be
> identifying or distinguishing goods or services for it to be a
> trademark. The manner in which you used the word "dungeon" clearly isn't
> identifying any good or service. Therefore it's just the word
> "dungeon" and not a trademark.
Yippie! So, as long as we're not referring to something someone actually
makes under trademark (harrier jets, colt pistols) we're OK? Great.
I'll assume that WotC has a competent lawyer, who won't try and take this
clause to the extreme... and write it so the rest of us won't think he is.
DM
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