From what I understand about trademarks (admittedly, I'm no expert), this is not necessarily true. There could be a case if it can be shown that consumer's would be confused. For instance, if my last name is McDonald, I can't open restaurant called McDonald's. I'd probably even have a hard time publishing a cookbook called "McDonald's Recipes" because it can be confused. Trademark law is weird.
This is my understanding, too. Perhaps an IP lawyer could weigh in, but my low-level knowledge of IP law suggests to me that combining "Gygax" and "TSR" without any context might ["might?" clearly it did, as this very thread shows!] create customer confusion.
But I'm not a lawyer. I
know it confused me, and I'm fairly knowledgeable about the RPG industry. I thought it was a scam. I saw "Gygax Magazine from TSR" (and let's think about that - that, without context, makes no sense!), not "Gary Gygax's kids and some ex-TSR employees have got together to make a new magazine, but his widow has nothing to do with it".. I don't know what someone whose job
isn't to follow these things who just sees this on a shop shelf would think.
That's why - despite some vocal criticism from the morally superior protectors of the innocent - I feel this thread has value. Without it, the customer would remain uninformed and possibly have the *wrong* impression. Transparency is a
marvellous result which enables things to progress on their own merits.
I think there's a lesson to be learned here: if you don't want people to question you, don't be cryptic. That was
one hella-cryptic marketing strategy - and let's be clear here: a website which says nothing but "GYGAX MAGAZINE FROM TSR: GIMME YOUR EMAIL ADDY" is a helluva risky tactic, but it's a chosen, deliberate one designed to attract attention - and such a tactic will, should, and did cause people to question it.
Those advocating "do not question, blindly follow along, submit your email address as ordered by the invisible anonymous person using a company name last used in 1997" are entitled to their opinion; I do not share it. I checked it out first, like a responsible net citizen, and kept people apprised of my progress lest it turn out to be dodgy. If the folks in question hadn't wanted this very thing to happen, they wouldn't have chosen a tactic which guaranteed it.
In the end, I guess it worked - is there any RPG-gamer on the web who isn't aware of this now? Luke, Ernie, etc. are going to do just fine with this.
