TSR "TSR Games is Back"... how come they can use TSR's logos?

[jasin]

TSR Games is Back

The studio behind the original Dungeons & Dragons has returned to Lake Geneva, Wisconsin, under the guidance of Gary Gygax Jr. with the help of Wonderfilled,...

www.pr.com

E. Gary Gygax Jr. and others are heading a new company called TSR Games, and I'm surprised to see them using the old TSR logos.

I vaguely understand there is something in US trademark law about losing a trademark through disuse, but Wizards of the Coast is selling PDFs with the TSR logo right now.

Anyone informed enough to be able to explain why this wouldn't get them in trouble with WotC, and/or why that trouble might be worth it for a new company?

 

[Morrus]

Jayson Elliot acquired the expired trademark back in 2011 and launched Gygax Magazine. Luke and Ernie Gygax were both involved, as was Tim Kask. The magazine was cancelled a few years ago as Luke and Ernie Gygax withdrew after a trademark dispute with (I think) Gail Gygax.

The company that created Dungeons & Dragons is back with Gygax magazine (updated)

Wizards of the Coast still owns Dungeons & Dragons - and Hasbro still owns Wizards of the Coast - but the legendary company that created the role-playing game, TSR, has returned to the material plane and summoned its first product, a gaming magazine appropriately named Gygax.

io9.gizmodo.com

Gygax Magazine to Cease Publication

Sad. But not surprising once Gail stomped all over it. Looking forward to the adventures.

www.enworld.org

I'm not sure how this TSR is connected to that (or if it is?) -- this one mentions Ernie Gygax.

 

[Fanaelialae]

TSR Games is Back

The studio behind the original Dungeons & Dragons has returned to Lake Geneva, Wisconsin, under the guidance of Gary Gygax Jr. with the help of Wonderfilled,...

www.pr.com

E. Gary Gygax Jr. and others are heading a new company called TSR Games, and I'm surprised to see them using the old TSR logos.

I vaguely understand there is something in US trademark law about losing a trademark through disuse, but Wizards of the Coast is selling PDFs with the TSR logo right now.

Anyone informed enough to be able to explain why this wouldn't get them in trouble with WotC, and/or why that trouble might be worth it for a new company?

IANAL, but WotC owns the old original TSR products from when they purchased TSR, which is why they can sell PDF scans of those products with the TSR logo on it. I don't think the law requires them to remove the old TSR trademark from the scan.

AFAIK, they couldn't however put the TSR logo on new products, or even a reprint like the 1e books they sold a few years back. Because someone else currently holds that trademark.

It would suck if you bought out a company with a trademark, along with trademarked inventory, and then couldn't sell that inventory because someone else acquired the actual trademark.

 

[jasin]

I wasn't surprised that WotC could use the trademark, I was surprised that anyone else could.

 

[Orius]

I'd figured WotC sold the old TSR logo and name.

I mean, they already own what really matters.

 

[Twiggly the Gnome]

It would suck if you bought out a company with a trademark, along with trademarked inventory, and then couldn't sell that inventory because someone else acquired the actual trademark.

Yep.

 

[Morrus]

It would suck if you bought out a company with a trademark, along with trademarked inventory, and then couldn't sell that inventory because someone else acquired the actual trademark.

The lesson there would be to not let trademarks you own lapse.

 

[Fanaelialae]

The lesson there would be to not let trademarks you own lapse.

Based on some Googling, it looks to me like if you don't use it for 3 years a trademark will automatically lapse, or something along those lines. Seems like it might be a case of use it or lose it.

 

[Morrus]

Based on some Googling, it looks to me like if you don't use it for 3 years a trademark will automatically lapse, or something along those lines. Seems like it might be a case of use it or lose it.

Something like that, yes.

 

[LuisCarlos17f]

Hasbro could offer some partnership deal. It would be a nice detail fandom could thank.