On Wed, 18 Apr 2001, Brad Thompson wrote:
> > lizard
> >
> > Cool.
> >
> > How about the phrase "The Energist class is represented in comic books
> > by characters such as the Human Torch, Iceman, or Red Tornado"?
>
> I don't see any indication of compatibility or co-adaptability there, but
> hey, that's just me.
But while it might be ok under the OGL, you might run into a little
problem with Marvel or DC for using their characters. And comic companies
have been known to complain (ie. at least threaten lawsuit) about
trademark infringement with very little provocation.
There is no defined right way to use someone else's trademark. "Fair
Use" is a copyright concept; it does not apply to trademarks. Whether or
not your use of someone else's trademark is permissible is dependent on
whether or not your use dilutes or infringes the trademark holders
interests. And it's initially up to the trademark holder to determine if
your use of their trademark does either. If they think it is, they may
sue you and then it will be up to a court to determine if your use does
dilute or infringe.
Since both Marvel and DC have/are engaged in publishing/licensing RPGs
based on their characters, it's likely any use of their characters in a
RPG will be seen by them as infringing on their trademark.
alec
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