>> It doesn't really matter if a 3rd party uses the term >> descriptively; it matters if a commercial publisher does. >> And it doesn't matter if the term is used as a reference, it >> matters if it is used as a descriptive mark designed to >> attach a connection between a good or service and the mark itself. >>
Now something that I've been wondering about. If you'd care to comment then great, if not -- no biggy. OK, let's assume if we claimed Free20 as a Trademark that WotC would have ample reasons to litigate, and could possibly win. What if we didn't claim Free20 as a Trademark. Let's just call it a piece of Art, a simple Logo. No Trademark involved. And I'm licensing people to use this artwork to indicate that their product is compatible with mine. I know I wouldn't then be able to defend it as a trademark, so other people would be able to use the term. But not my specific Artwork. They could create their own artwork, but they wouldn't be able to use it to indicate compatibility with my system. Now the question is, can WotC sue us for trademark violation? The Free20 Group hasn't yet decided if we want to press forward with the Free20 or not, so we may yet see a Trademark Attorney. But when/if we do see one, I want to go in armed with as much information as I can so as not to rack up extra billable hrs having to have an Attorney explain things to me I can find on the net. (And yes, I'm doing my own resource on the P&TM office site, and other Trademark sites around the web.) -- Mike _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
