From: "dema" <[EMAIL PROTECTED]>
> And you can use the d20 logo without using the OGL or the D20STL if you
just
> say
>
> This product is compatable with the DND RGP and the d20 system owned by
> WOTC.
> DND and D20 logos are trademarks owned by wizards of the coast.
Maybe.
If WotC can show that your use of the mark devalued the mark, confused
consumers, or caused consumers to believe that you were claiming ownership
of the mark, you would lose a trademark infringement case.
There are a hundred lawyers who will line up to take this case on either
side, because the law is so vague that individual judges are simply left to
their own discretion when determining if the use of the mark creates an
infringement. The case law in this area is even more muddled than the
issues surrounding character copyright. (In this case, the most famous
litigation involves 3rd party "Mustang" floor mats not authorized by Ford.)
WotC itself essentially lost this exact case to Palladium (though WotC
settled out of court rather than face the results of a verdict at trial).
Palladium is not the only company to aggressively litigate to keep its
trademarks wholly out of other gaming products. Shadis Magazine, for
example, received a cease and desist letter from US Playing Card Co. over my
satirical article "Bicycle: The Gathering".
Abstract discussions on the internet aside, my direct personal experience at
the hands of the US Olympic Committee taught me that the rights granted to
trademark holders are vastly larger than those expressly enumerated by the
trademark statutes, and I for one hope to never, ever, ever get into
trademark litigation again.
Ryan
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