>> > OK, let's assume if we claimed Free20 as a Trademark that >> > WotC would have >> > ample reasons to litigate, and could possibly win. >> >> OK; though I wouldn't make that assumption without talking >> to a trademark lawyer. (In other words, I don't think it's >> a foregone conclusion that "Free20" infringes on "d20 System"). >>
I may be a pessimist, but I believe it is a foregone conclusion that they will attempt to litigate (even if they know they'll loose) -- because they must show that they are attempting to protect their mark. It's that litigation, which I believe will suck up the resources of anyone attempting to do it -- that can't a) find someone to do it pro-bono or b) find a large publishing house to back it. At this point, it does not appear that any of the larger d20 Publishing groups are interested in entertaining an alternative logo. Now I guess a valid question, I have for people -- as I have no knowledge in the field -- is it possible to defend against someone filing a trademark infringement against you, w/o leaving your home and w/o hiring an attorney to run around for you? Or does the U.S. court system need a couple more decades... >> > What if we didn't claim Free20 as a Trademark. >> >> Here's how I'd approach the problem. >> >> Put on your "consumer" hat. >> >> If, as a consumer, you think something is a trademark, it's >> a trademark. I guess my problem is that I no longer find myself an "average consumer" most of the time anymore 8-( I myself don't consider the statement Compatible with "X" -- as a trademark. Even if the statement is drawn, rather then written. But then that's just me, and I ain't no lawyer... -- Mike _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
