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Old 16th December 2008, 10:49 PM   #25 (permalink)
Treebore
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Quote:
Originally Posted by Mistwell View Post
Guys, let it go. I'm an attorney, been one for almost 14 years, done tons of IP work in that time. It's not $35 to register a trademark (it's a whole lot more), that is not accurate that you lose protection outside your state if you don't federally register it (you still have common law protection for each location you sold into, which is the entire US for a product sold on the net like these were), and it's not just about patent.

All I was saying is that the POLITE (and smart) thing to do is to talk to the current IP owner to see if the actual line of Tac-Tiles could be continued under new hands.

Could someone do it without their permission? Sure, you probably could. But, the polite and likely smart thing to do is to do it with their cooperation, so that you can use the branded name, software and patterns, their distribution database, knowledge, etc..
I agree it wouled be nice to get their blessing, but its not required.

Since your IP lawyer why does the Trademark registration website say that in order to defend it in federal courts you need to have it registered? Otherwise, your only recourse is to fight state by state. Which requires lawyers licensed in each state, and proportionally more money to fight it.

Your right, its $325 to file for a Trademark per "class". I was looking at several sources so maybe the $35 was for copyright or even just a search fee.
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It is the spirit of the game, not the letter of the rules, which is important. NEVER hold to the letter written, nor allow some barracks room lawyer to force quotations from the rule book upon you, IF it goes against the obvious intent of the game. As you hew the line with respect to conformity to major systems and uniformity of play in general, also be certain the game is mastered by you and not by your players. Within the broad parameters give in the Advanced Dungeons and Dragons Volumes, YOU are creator and final arbiter. By ordering things as they should be, the game as a WHOLE first, your CAMPAIGN next, and your participants thereafter, you will be playing Advanced Dungeons and Dragons as it was meant to be. May you find as much pleasure in so doing as the rest of us do.

-1E DMG, page 230
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