On 2002.02.21 19:48 Alec A. Burkhardt wrote:
> On Thu, 21 Feb 2002, David Zakar wrote:
> 
> > Aha, but _they are_. GDW is dead, but Twilight: 2000 (and Merc:
> 2000)
> > material is being released in a set of books. This trademark is
> _still_
> > in active commerce.
> >
> > Look at www.farfuture.net. The licenses are still in active use.
> 
> Ok, now all they need to do is prove that GDW ever used the phrase
> 'the
> D20 system' as a mark for the system in Twilight: 2000.  Ryan has
> stated
> that he doesn't believe GDW could have really made that case.  The
> site
> you mention never uses the phrase d20 that I could find, so I think
> it'll
> be even harder for these people.  Certainly no one ever registered the
> mark before.  Whether or not the trademark Twilight: 2000 is still
> active
> is completely irrelevant.
> 
> People need to recognize that there is a distinction between a
> Trademark
> and general use of words.  The fact that Xerox actively defends it's
> name
> as a trademark in no way prevents me from asking someone to "go xerox"
> something.  Same with asking for a kleenex.  The trademark prevents
> the
> words from being used in commerce to identify products.
> 

Numerous times in the Referee's Screen (where the whole system was
introduced), they specifically refer to their system as "the D20
system" in a way that I think could be argued as branding. Hard to
defend or not, that _is_ usage in a commercial product.

-Erwos
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