Andrew Crossett wrote:
> There on page 18, Lovitz states: "Although you cannot secure trademark
> rights on the title of a single work, you can for the title of a series of
> works."
From the OGL:
(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
Comments to the negative notwithstanding, I would not feel comfortable
assuming that the title of a book does *not* fall under this catagory
unless I have my lawyer check it over and give me a legal opinion.
Since I don't have a lawer, and I can't afford to get one, my caution is
based not on wining a lawsuit, but on not getting suied in the first
place. It's true that I probably err on the cautious side, but then
again no one's sued me yet. :)
> If true, this is something I never realized before. Assuming that revisions
> and updates of the same work do not constitute a "series", that would
> explain why TSR and WotC never trademarked the titles of many of their
> rulebooks. Since there was only one book entitled "Dungeon Master's Guide",
> they could not have trademarked it. By my understanding, though, they
> *could* have trademarked "Monster Manual", since there was a "Monster
> Manual II", and they certainly could have trademarked "Monstrous
> Compendium" -- and did.
I think this is yet another example of why this isn't a good idea.
"Dungeon Master" is a trademark, and AFAIK so is "Dungeon Master's
Guide." There have been at *least* three books by that name, and at
least three "Player's Handbook"s, "Forgotten Realms Campaign Setting",
> Most of the time, however, the titles of game books cannot be trademarked,
> although they can be virtually trademarked by including a trademarked word
> within them ("The Living Greyhawk Gazetteer", for example). Such titles as
> "Psionics Handbook", "Defenders of the Faith", "Sword & Fist" cannot be
> trademarked. Unless of course you accept a license such as d20 in which you
> voluntarily agree to treat those titles (PI but not trademarks) as if they
> *were* trademarks, in exchange for the marketing benefits the license and
> logo provide.
I'd wager that Wizards can claim trademark on "Psionics Handbook" as
it's the second book of its kind, and there will probably be a third in
ten to fifteen years, and "Living X" is something that they / the RPGA
can probably claim as well.
Then again, knowing my lack of cash, I'd better not wager any of it.
DM
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