On Fri, 22 Feb 2002, Rogers Cadenhead wrote: > I find this confusing also, but it's probably because I'm relying on > my own reading of the USPTO site rather than advice from a high > priest of trademark law. Five years ago, if I created a roleplaying > game and mentioned in advertising that it used a "d20 system," gamers > would understand that it meant the game used a 20-sided die as a > significant resolution mechanic. That would seem to preclude its > adoption later as a trademark -- the term "d20 system" seems too > descriptive to serve as a unique mark.
I thought one of the points Ryan had made was that he (and I'm assuming WotC) had looked and found little to no use of the term 'd20 system' used by anyone in advertising their products. If someone had created a roleplaying game 5 years ago, called it a 'd20 system', used the term 'd20 system' regularly in marketing their game (i.e. 'd20 system' is stressed, not just used as a comment in the text on the backcover) - then yes, that would pose a problem for WotC registering 'd20 system'. But only if that company now decided to oppose WotC's registration of the 'd20 system' mark. But that fact that X number of gamers generically use the term 'dY' to refer to games that use the Y die as the base of their mechanic isn't a problem for WotC registering the mark unless these gamers can convince the uspto that WotC's registration is going to cause confusion in their purchasing habits. Does anyone really think that's possible? alec _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
