TSR TSR (2) Confirms TSR (3)'s Acquisition of Trademark (Updated!)

Jayson Elliot registered the TSR trademark back in 2011 and used it to launch Gygax Magazine along with Ernie and Luke Gygax. The two Gygax's left the company a few years later after Gary Gygax's (co-founder of TSR (1) back in the 1970s) widow, Gail Gygax, forced the closure of Gygax Magazine. Then, earlier this year, TSR (3) swooped in on the TSR trademark, after Jayson Elliot accidentally let it lapse, as TSR (2) confirms:

We have owned the TSR trademark since 2011. Last year, we missed a filing date, and another company registered it, though we are still using it in commerce. While we could win a lawsuit, we frankly don't have the money to litigate. So, we're licensing it back from them.

As a result, there are two companies now using the name TSR. You can tell when it's us because we're the only ones using the new logo.

They're opening a museum in Lake Geneva at the old TSR house, and we wish them success with it, it's important to celebrate the legacy that Gary Gygax created.

Ernie Gygax, formerly of TSR (1) under Gary Gygax, then working with Jayson Elliot as part of TSR (2), is one of the founders of of TSR (3), and confirmed in his (now infamous) interview --

The other TSR is a licensee because [Jayson Elliot] let it lapse. But he had absolutely ... love for the game and the products. There was no reason to say 'oh you've screwed up, oh it's all ours, ha ha ha ha!' Instead, Justin [LaNasa] came to him and said ... we love that you're doing Top Secret things, we have a much broader goal for the whole thing. But there's no reason for you to stop or even have any troubles. Justin said, I'll take care of the paperwork, you just give me $10 a year, and you put out all this love for old school gaming that you can. And we appreciate that you were there to try and pick up things, and you produced Gygax Magazine, for in its time that you're also working on a game that you love to play ... because Top Secret was Jayson's love, as a young man.

TSR (2), still run by Jayson Elliot, publishes Top Secret, and is not connected to TSR (3) other than now having to license it’s own name from them. TSR (3) has also registered the trademark to Star Frontiers, a game owned by and still currently sold by D&D-owner WotC.

In other news the GYGAX trademark appears to have lapsed.

UPDATE! TSR (2) has decided NOT to license its own name from TSR (3):

Update to our earlier tweet - we will NOT be licensing anything from the new company claiming rights to the TSR logos. We are not working with them in any fashion.

 

[MoonSong]

Though come to think of it, WotC might want to stop them from using copyrighted imagery that WorC owns, which they have already started doing....

I think an strongly worded letter demanding license fees would do it. Or they could issue a DMCA takedown. Copyright is a less demanding and more flexible form of IP than trademark.

 

[Parmandur]

My bet is there is someone working on it. Or will be come Monday.

I wonder if there's any way to alert WotC legal?

 

[RFB Dan]

I think an strongly worded letter demanding license fees would do it. Or they could issue a DMCA takedown. Copyright is a less demanding and more flexible form of IP than trademark.

Normally I would whole-heartedly agree with this. But I would take a guess that 3SR will simply start spreading the "it's a conspiracy against us from the mean ol' WotC and all those other peoples who are against me!!" shenanigans.

 

[Parmandur]

Normally I would whole-heartedly agree with this. But I would take a guess that 3SR will simply start spreading the "it's a conspiracy against us from the mean ol' WotC and all those other peoples who are against me!!" shenanigans.

Well, Neo-TSR already thoroughly lost in the court of public opinion, it would probably be the most popular corporate CDO in the history the industry.

 

[Umbran]

I wonder if there's any way to alert WotC legal?

As if any member of the D&D team who isn't off in a canoe on vacation isn't aware of this?

 

[Sacrosanct]

Ernie’s not a little kid. The dude is in his 50’s or 60’s. You sound like you’re trying to make Ernie out as a poor misunderstood person who was easily led astray, rather than a grown man who made a number of anti-trans comments (among several other questionable things).

Look at my post I made right before this one. I said he’s an adult and needs to take responsibility. So no, I’m not doing that.
Also, age has little to do with the ability of a person being able to be led astray or not. I think the past few years has proven that in spades.

 

[Jer]

Though come to think of it, WotC might want to stop them from using copyrighted imagery that WorC owns, which they have already started doing....

I dunno. If it's just the TSR logo(s) and WotC isn't going to do anything with them they might not care enough to give the new company something sympathetic to latch onto. Unlike trademarks, IIRC copyrights don't need to be defended so there's no loss to waiting and giving the new company more rope as long as they themselves aren't planning to do anything with that copyrighted imagery. It comes down to PR tactics rather than legal ones - as bad as TSR looks now, Wizards could still make themselves look like the bad guy with the wrong response even if their response is perfectly legal and they know it.

 

[Jer]

Double post - not sure how that happened.

 

[PsyzhranV2]

It's the grift that keeps on grifting.

 

[Azzy]

This is getting more insane by the moment.

I don'r run a business. I have no real interest in running a business. But I do know that this is not how you run a business... This goes well beyond simple ignorance.