Michael Cortez wrote:
> > > >So I *am* in breach if I use someone else's trademarks,
> > regardless of
> > > >whether they've published OGC or not?
> > >
> > > Yep.
> >
> > Which part of the OGL specifies that the use of any trademark
> > is a breach? If I
> > have a character drinking a Pepsi(TM), have I breached the OGL?
> >
>
> The limiting factor in the use of trademarks is section 7 of the OGL, which
> prohibits the use of Product Identity, "...except as expressly licensed in
> another, independent Agreement..." and the Definition of Product Identity in
> Section 1, which includes "...and any other trademark or registered
> trademark..."
>
And then goes on to define "Trademark" as marks used *by a contributor* of OGC.
Pepsi isn't a contributor under the terms of the OGL, so their trademark is not
a "Trademark" as the term is defined in the OGL.
Using a 3rd party Trademark doesn't breach the OGL. Of course it might violate
the trademark holder's rights...
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