Justin-
You are correct. The OGL does not refer to trademarks
of things not released under the OGL. Section 1(f) of
the license defines "Trademark," as used in the
license, as follows:
"(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".
However, that doesnt mean Pepsi won't get upset about
your use of the Pepsi trademark. Their remedy,
however, will not be breach of the OGL. Nor would you
be in breach of the OGL.
The only way to run afoul of the OGL with use of
Trademarks not otherwise under the OGL would be the
following provision contained in Section 5:
"Representation of Authority to Contribute: If You are
contributing original material as Open Game Content,
You represent that Your Contributions are Your
original creation and/or You have sufficient rights to
grant the rights conveyed by this License."
Let's say you created the "Pepsi Golem" and released
it as OGC. That might be a problem because you may not
have sufficient rights to convey under the license.
However, that strange situation aside, you are right
that simply saying "Pepsi" in an OGL'd work is not a
violation of the terms of the OGL.
Clark
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