"Kal Lin" <[EMAIL PROTECTED]> wrote:
> 1) the trademark holder has to prove they hold a valid trademark
>
> -How hard is that if the OGL Author can't dig up any solid
> evidence against TSR's claims?
If they can't, and it's a registered trademark, they will lose, OGL or no
OGL.
> 2) the trademark holder has to prove you are using their trademark
>
> -How difficult is that if TSR claims and the OGL authors concede
> both are using Drow to mean "a tiny elf which lived in caves and
> forged magic metal work."
Well, if the material is public domain (like myth) then the trademark isn't
valid. In this case it sounds like you're saying that the OGL author used a
closed trademark and admits to doing so. Again, they lose.
For some of the other scenarios, remember that any content derived from open
content must be open in turn. So you can't force content closed by adding a
trademark. If you do, under the OGL you in fact make the trademark open.
_____________________________________________________
Kevin J. Brennan, Fourth Millennium Line Developer
[EMAIL PROTECTED] / http://www.fourth-millennium.com/
"I hate all boets and bainters."
--Only recorded English-language statement of King George I
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