>In the case of RPGs, I don't believe that any significant publisher >can come forward and assert a prior commerical use of "d20 System" >as a trademark, I know that no publisher asserted a registration for >"d20 System", and I do not believe that any materially large number >of consumers use the term "d20 System" as a synonym for any specific >product 3rd party, nor do I believe that any number of consumers use >"d20 System" as a generic synonym for "roleplaying game". > >So I think the registration will be granted. >
maybe i misunderstand trademarks. assuming, for the moment, that WotC gets the trademark on "D20 System" (or "d20 System"), doesn't that potentially put them in the position of suing (or even, since trademarks must be defended, having to sue), say, the makers of Talislanta, who refer to their game as using "the d20 system" in the rulebook, and/or in ad copy? [semi-hypothetical example; i haven't had the money to get the new Talislanta yet, so i don't know if they do so, i just know it's an all-d20 system.] or can simple capitalization, in this case, sidestep trademark concerns? (i would assume not, or there'd be nothing to stop someone from slapping "Uses the d20 system" on the product when they *do* mean WotC's system.) i guess my basic concern comes down to: i don't see any way to give WotC the trademark on the phrase, and yet still allow use of the phrase (including in advertising and RPG rules) when it's a perfectly legitimate, non-infringing, simply-descriptive term. from my POV, it's as if someone were to be granted a trademark on "stapler", thus preventing any of their competitors from referring to their product that puts staples into things as staplers. IOW, maybe no one has used "d20 System" as anything approaching a trademark, but they've used it all the time as a common noun, and it seems like this runs the risk of making that difficult-to-impossible. -- woodelf <*> [EMAIL PROTECTED] http://members.home.net/woodelph/ Finding consensus and common ground is *dull*! Nobody whants to watch a civilized discussion that acknowledges ambiguity and complexity. We want to see fireworks! We want the sense of solidarity and identity that comes from having our interests narrowed and exploited by like-minded zealots! --Calvin _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
