>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. :)
you're comparing two different situations. the book he's referencing
above is dealing with standard trademark law. you're referring to a
clause of the WOGL which has its power (in part) because of contract
law--by agreeing to the contract, you agree to whatever it says. so,
if you have a WOGLed work, you've agreed to treat book titles as if
they were trademarked, and it doesn't really matter whether or not
they really are.
woodelf <*>
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A fanatic is a man that does what he thinks th' Lord would do if He only
knew th' facts in th' case. --Finley Peter Dunne
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