On Thu, 10 Aug 2000, Alec A. Burkhardt wrote:
> Under both the new clause and current law, if you can show that a
> trademark isn't valid you can't be stop from using the words you want to
I think you have to make the incredible leap of faith that the
following scenario is what I envision:
TSR: "We created Drow and here is our trademark issued from the PTO."
OGL Author: "I vehemently believe Drow to be in the public domain
but can't remember where I saw it pre-TSR."
I thank you for raising two important issues:
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?
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."
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