[UPDATED AGAIN] Gary Gygax's Widow & TSR Settle Trademark Dispute

Gail Gygax has just sent me a short statement regarding the resolution of a trademark dispute between herself and the owners of Gygax Magazine. Gail is, of course, the late Gary Gygax's wife, and some of the owners of the magazine are his sons [update - both left the company a while back]. A quick look at USPTO.gov reveals the trademark application by Gail Gygax in 2013, which I'm given to understand was challenged by TSR, Inc. that same year. TSR, Inc. was formed a couple of years ago to produce the (at the time) new Gygax Magazine; it's not the original TSR founded in 1973 and sold to WotC in 1997. The statement reads as follows.

The Gail C. Gygax Revocable Trust, owner of the intellectual property of the late E. Gary Gygax, and TSR, Inc., a corporation formed by Jayson Elliot, Tim Kask, Ernie Gygax, Luke Gygax and James Carpio have reached a mutually agreeable resolution of their trademark dispute at the United States Patent and Trademark Office. Pursuant to their agreement, the Trust will license the Gygax Magazine trademark to TSR on a non-exclusive basis.​

UPDATE: I've been informed by a representative of Luke and Ernie Gygax that both of them left the company. Mrs. Gygax reached a settlement with TSR, Inc., and Luke and Ernie have both withdrawn from TSR as a result of the settlement. Neither of them are affiliated with the company any longer.

Ernie Gygax has now made a public Facebook post about the matter which makes it clear that this settlement was not arrived at amicably.

It is with a heavy heart that I have had to remove myself from TSR and GYGAX magazine. Benoist and I will continue to share original old school gaming. All of which I learned at my fathers side, just as Luke and I also learned how to repair shoes in our youth. I am awake now at 2:42 AM as foolishness infringes on my ability to even enjoy a sound nights rest. I am proud to one of Gary's many offspring and just wish that I had his drive and fortitude to generate material as he did. Yet the acorn doesn't fall far from the Oak and the work that will be created will be in honor of his memory. I wish it to be said that both Tim Kask and R Scott Taylor refused to sign the deal as well when asked.​

So it sounds like both parties have reached an agreement, that's it's far from amicable, that Gail Gygax's trust owns the Gygax trademark, but that the trademark is licensed to TSR, Inc. The statement doesn't indicate how long that license is for, or whether any other terms are attached. And, of course, the trademarked name is the actual name of Gygax's sons Luke and Ernie, which is why they refused sign the settlement.

You can see the trademark applications here at USPTO.gov. Gail Gygax made an application on March 4th, 2013. Gygax Magazine #1 was released the month before that, in February 2013. TSR, Inc made an application for the same trademark on September 30th, 2013. There are some similar entries for other dates.

You'll find Gygax Magazine here. It appears that Gail's trust also made an application for Gygaxian on August 7th this year.

A little background - I know most who read this know who Gary Gygax was, but new people are coming into the hobby all the time. This is the super-short version. Gary Gygax and Dave Arneson (both sadly passed) co-created Dungeons & Dragons back in the 1970s. The whole history of Gygax and TSR is fraught with conflict - Gary was ousted from the original TSR, he and Arneson fell out, and of course Gail Gygax and the new TSR, Inc. (which until recently included Gary's sons Luke and Ernie) have been embroiled in the above legal dispute for two years. This long interview with Gary Gygax is a fascinating read. The whole history has been, to put it mildly, litigious!

 

[BRW Games]

Someone has been giving Gail the terrible advice to hold on to the Gygax IP like a vice (really, trademarking a term like "Gygaxian", that's been in common use for decades?), hoping that someone will offer her a boatload of cash to turn it into some computer game. Ain't ever gonna happen, and she's just hurting herself by shutting down every small potential revenue source in the hopes of making some big score. Her advisers in this matter have badly used her.

 

[Odhanan]

Luke and Ernie weren't not really involved in Gary's creative endeavors. That's a fact. Post-TSR they really didn't contribute a lot to Gary's creative endeavors. Luke played in Gary's DJ and LA campaigns, while Ernie stuck to board games. I could understand if they were working on products for him and suddenly Gail cut them out, but that's not the reality of the situation. It was only after Gary had died that they started getting involved in the games industry again.

That is incorrect. Actually Ernest participated general concepts and advice on Dangerous Journeys, and that is why he is thanked next to Gail and Luke in the Mythus book.

Also, Troll Lord Games published the Lost City of Gaxmoor before Gary departed, a module co-authored by both Ernest and Luke which Gary looked upon with great pride if you go back to Gary's Q&A here and on Dragonsfoot where he talked about it a few times. In fact, he was happy to see them do something in the gaming industry, to the point that, when he found the statues in Gaxmoor lacking in terms of effects, he contributed ideas for what they could do, and that's how in the Gaxmoor book you see a dedication to the great Archmage Zagig, aka Gary Gygax (Lost City of Gaxmoor page 102+).

So, while neither Ernest nor Luke were deeply involved in either Dangerous Journeys and LA, it is factually incorrect that they came back to the gaming industry after their father's death. The implication that their father wouldn't have looked favorably upon further gaming endeavors on both of Ernie's and Luke's parts using their own given names would be equally incorrect.

 

[JohnRTroy]

Also, Troll Lord Games published the Lost City of Gaxmoor before Gary departed, a module co-authored by both Ernest and Luke which Gary looked upon with great pride if you go back to Gary's Q&A here and on Dragonsfoot where he talked about it a few times. In fact, he was happy to see them do something in the gaming industry, to the point that, when he found the statues in Gaxmoor lacking in terms of effects, he contributed ideas for what they could do, and that's how in the Gaxmoor book you see a dedication to the great Archmage Zagig, aka Gary Gygax (Lost City of Gaxmoor page 102+).

So, while neither Ernest nor Luke were deeply involved in either Dangerous Journeys and LA, it is factually incorrect that they came back to the gaming industry after their fathers death, nor the implication that their father wouldn't have looked favorably on further gaming endeavors from them using their own names.

You misread my statement. There are three things that Ernie has contributed to. Some areas involving business rules for Dangerous Journeys, the Gamma World module, and Lost City of Gaxmoor. But outside of this, the contributions were minor. Ernie was not "into Roleplaying games as much as board games", a direct quote from Gary. I'm measure their contributions in two ways--what they did with Gary under the Trigee banner--in which case guys like Chris Clark and Jon Creffield did a LOT more involved in those endeavors, as well as their general rank in the industry--guys like Frank Mentzer and other did a lot more back in those days, and many other TSR staff have been proven self-publishers or working at other companies. Again, they really didn't make any major efforts into publishing or things like GaryCon until afterwards.

As far as "looking favorably" on working in the industry--yes, I'm sure Gary is proud of doing that Kickstarter, as well as GaryCon. However, trademarking the surname Gygax is another matter. I really don't think Gary would approve of doing anything that might be considered an end-run around Gary's own wishes for inheritance of his property. Trademarking the generic Gygax could even prevent the person he gave all his IP to from doing anything--in fact, Gary never trademarked his own name because he was concerned about somebody taking it away like that. I'm sure he would be proud if they used Ernie and Luke Gygax, Gygax Brothers Magazine, etc.

 

[JohnLynch]

Luke and Ernie weren't not really involved in Gary's creative endeavors. That's a fact. Post-TSR they really didn't contribute a lot to Gary's creative endeavors. Luke played in Gary's DJ and LA campaigns, while Ernie stuck to board games. I could understand if they were working on products for him and suddenly Gail cut them out, but that's not the reality of the situation. It was only after Gary had died that they started getting involved in the games industry again.

I'm not saying your saying this, but I will say this myself: You could interpret their actions since their father's death as a cash grab (although I don't know how much cash they could be grabbing and how much work is involved in the so called grabbing). However from my own family's history: When my great grandfather died he had some war medals from World War I and II. There was a dispute at the time as to who they had been bequeathed to and who should have them. My father and grandfather didn't care too much at the time so they gave up their claim and someone else in the family got them. Years later my father started researching his grandfather. Interviewed old war buddies who knew his grandfather and everything. Wrote an entire book on my great grandfather's life. Even hunted down some medals that my great grandfather was eligible for and got them sent to him. He then gave all this to my grandfather who was the only living male out of his siblings. After reading the book the medals became much more important to him and he arranged to get the medals so he could wear them in marches and somehow ended up with them permanently.

All of this is to say that when my great grandfather was alive, his time in the war (which he almost always refused to talk about) and the medals weren't of any great importance to my father or grandfather. But as the years went on they became much more important to both of them. Although Luke and Ernie Gygax's involvement in D&D may have been non-existent when Gary was alive or immediately following his death, there is certainly the possibility that Dungeons & Dragons has since become much more important to them for sentimental reasons rather than financial reasons (my father certainly considered trying to get his book commercially published despite the fact that wasn't the initial reason behind writing it).

As for what Gygax would and would not look favourably upon, all I'll say is my great grandfather left his medals to two different people (3, although one of those claims was highly questionable). There was no clear intent as to what he would have wanted and so those who survived him did what they thought was best in the situation and not necessarily what he would have wanted. I expect those in the Gygax family are doing the same, regardless of what personal benefit they may or may not receive from doing so.

Just my perspective on the issue as someone who is normally quite cynical.

 

[Morrus]

Ernie Gygax has made a (public) FB post about the matter:

"It is with a heavy heart that I have had to remove myself from TSR and GYGAX magazine. Benoist and I will continue to share original old school gaming. All of which I learned at my fathers side, just as Luke and I also learned how to repair shoes in our youth. I am awake now at 2:42 AM as foolishness infringes on my ability to even enjoy a sound nights rest. I am proud to one of Gary's many offspring and just wish that I had his drive and fortitude to generate material as he did. Yet the acorn doesn't fall far from the Oak and the work that will be created will be in honor of his memory. I wish it to be said that both Tim Kask and R Scott Taylor refused to sign the deal as well when asked."

 

[JeffB]

Gail bas legal rights. I get that. She wants to protect those legal rights. I get that.

But she has done nothing but try to squash anything gaming related since Gary's death..Which puts her on my -list. Boo Gail.

 

[darjr]

Tenkar over at Tenkars Tavern takes a look at the Gygax Memorial fund.

http://www.tenkarstavern.com/2015/11/a-closer-look-at-gygax-memorial-fund.html?m=1

 

[Cody C. Lewis]

I don't see the situation as petty. Gail, Gary's widow, had certain goals and desires that conflicted with the goals/desires of Gary's sons. It's a shame, but folks disagree and can become upset over outcomes without pettiness being involved.

And ultimately, while we are all curious and we're all talking about it, it isn't any of our business. I'm very certain we don't have all the details, and probably never will. As long as the magazine keeps trucking and making its fans happy, really, what else is there?

How would any of the scenarios be petty?


How would they not? If, again if and I'm not claiming to know the details even in the slightest, but if someone was forced out of their job because they were using their own name (Obviously not quite that simple, but you get my point). How is that not petty?


Also, I think it is certainly our business. We are hobbyists. We are the consumers. It is absolutely our business.


Morrus certainly thought this was pertinent. And anybody who consumes any product that has a desire to know better the people they give their money to is justified to ask questions about the company they support.

 

[Ralif Redhammer]

Whatever Gary’s wishes were regarding his IP, I’m sure he would’ve wanted people to play his games and enjoy the products of his work. Instead, Castle Zagyg, Lejendary Adventures, and more all sit in limbo.

I'm sure that Gail has the legal rights, but what is she doing with Gary's IP? She's just sitting on it. Of course it is her privilege, but it's still disappointing.

 

[delericho]

Tenkar over at Tenkars Tavern takes a look at the Gygax Memorial fund.

http://www.tenkarstavern.com/2015/11/a-closer-look-at-gygax-memorial-fund.html?m=1

Ouch. That really doesn't sound good.