TSR TSR3.5 Launches IndieGogo Campaign to "Stop" WotC

The latest in the TSR3 saga, which has gone quiet for a while, is a new IndieGoGo campaign launched to "stop Wizards of the Coast". They cite wrongful bullying of TSR, and refusal to answer requests that WotC show TSR "proof of their claims" (although the campaign page doesn't mention what those claims are).

The IndieGoGo campaign was launched yesterday and has so far raised $675 (at the time of writing).

The action TSR seeks is a "Trademark Declaratory Judgement of Ownership" which is a court declaration about the status of something in dispute.

TSR has launched a campaign to stop Wizards of the Coast

Become a Champion of TSR and Support TSR’s campaign against Wizards of the Coast!

TSR is taking a stand against Wizards of the Coast (“WOTC”) and its wrongful bullying of TSR, our trademarks, and its public libeling and slander of all those who helped create TSR based Dungeons & Dragons and products.

Wizards of the Coast has continually bullied TSR regarding TSR’s legally owned Trademarks. Wizards of the Coast has refused to answer all of TSR's repeated requests that they show any proof of their claims. Wizards of the Coast has the vast resources behind them and is implying to bring them to bear down on TSR.

The new TSR suffered widespread pushback when it launched, which they blamed on WotC, claiming that they were under a "coordinated assault across various channels being mounted.... by [WotC]" The company announced itself earlier this year, having acquired the TSR trademark after the previous holder accidentally let it lapse. It was run by Ernie Gygax, Justin LaNasa, and Stephen Dinehart. After several weeks of controversy, the company split into two -- Wonderfilled (Stephen Dinehart), and TSR (Ernie Gygax and Justin LaNasa).

TSR - TSR3 Blames Widespread Pushback On WotC

In an unexpected turn of events, the primary individuals behind TSR3 have claimed the pushback they've received on social media and elsewhere was orchestrated by .... D&D publisher Wizards of the Coast (a company which has thus far remained completely silent on recent events). TSR3 is run by...

www.enworld.org

The page also indicates an intention to "fight to have WotC's legacy product disclaimer removed" from older products (that's the disclaimer on the older books available on DMs Guild which indicates that those books are products of their time) by claiming that the disclaimer portrays the creators of those older products as "as supporting those alleged prejudices, stereotypes and bigotry, wrongfully claimed to be part of those products".

TSR will also Fight to Have the WOTC Legacy Disclaimer Removed

TSR is suing WOTC for Trademark Declaratory Judgement of Ownership . TSR will also pursue in the near future having WOTC remove the legacy content disclaimer placed on TSR based Dungeons & Dragons and other products, and retractions of any other libel and slander which alleges that racism and other heinous beliefs are incorporated into those products.

This disclaimer attempts to make a statement of fact argument, and therefore paints all of the writers, editors, artists and consumers of those products as supporting those alleged prejudices, stereotypes and bigotry, wrongfully claimed to be part of those products. This statement by Wizards of the Coast opens the possibility for the producers and players of these "Legacy Products" to face ridicule, and face the labeling as "bigots", "racists", "misogynists", and worse Cyber & Physical Attacks!

Wizards of the Coast legacy content disclaimer.

"We (Wizards) recognize that some of the legacy content available on this website does not reflect the values of the Dungeons & Dragons franchise today. Some older content may reflect ethnic, racial, and gender prejudice that were commonplace in American society at that time. These depictions were wrong then and are wrong today. This content is presented as it was originally created, because to do otherwise would be the same as claiming these prejudices never existed. Dungeons & Dragons teaches that diversity is a strength, and we strive to make our D&D products as welcoming and inclusive as possible. This part of our work will never end".

TSR3's Justin LaNasa spoke about the campaign in a YouTube video.

TSR - Companies & Freelancers Distance Themselves From The New TSR

The new TSR (which I refer to as TSR3 to avoid confusion) has doubled down on its stance--which has been widely condemned online--via an ongoing series of tweets and replies from its TSR Games, Giantlands, and Dungeon Hobby Museum social media accounts (possibly operated by Justin LaNasa) in an...

www.enworld.org

 

[Bolares]

I just said he wasn't that dumb.

That's the thing, to make this plan, you need to be that dumb.

 

[Mort]

The only thing I can think of is that if that happens, he sees all these people "victims of the woke mob" raise hundreds of thousands of dollars in GoFund me (like the bakers here in Portland) so he thinks, or even hopes it does happen, so he can use GFM to get that kind of money for himself.

Which is probably a bad bet in itself, but look who we're talking about here.

My wife, a practicing patent attorney, took one look at this and thought there were some earmarks of clear fraud going on by NewTSR - she forwarded it to her trademark/copyright litigation team for further comment (assuming they'd find it interesting).

If an attorney working for WoTC thinks the same thing (and why wouldn't they) LaNassa could find himself in some very serious trouble - and he doesn't have the same resources as his inspiration to dig himself out.

 

[Snarf Zagyg]

Planning my ampersand tattoo. Y’all should think about it.

If you got it from LaNasa, you'd probably end up with a asterisk.

 

[Snarf Zagyg]

My wife, a practicing patent attorney, took one look at this and thought there were some earmarks of clear fraud going on by NewTSR - she forwarded it to her trademark/copyright litigation team for further comment (assuming they'd find it interesting).

If an attorney working for WoTC thinks the same thing (and why wouldn't they) LaNassa could find himself in some very serious trouble - and he doesn't have the same resources as his inspiration to dig himself out.

All of this makes me want to start my new million-dollar idea for times like this.

GoFundYourself.

So when people like LaNasa put up posts asking for money to line their pockets fight against change or whatever, I can always say, "Sure. I've got just the thing. GoFundYourself!"

Or just use the abbreviation- GFY.

 

[Sir Brennen]

It's an additional layer of racketeering: they posit something up front as their front, but in the back what’s going on is much different...

Just like Facebook! (To bring the thread back on topic. That was the topic, wasn't it? I think I've gone thread-blind.)

More seriously, there's been a lot of talk about how copyright suits end up having the losing party also incur the legal fees of the opposing side. But what if it's dismissed outright, before a ruling is made, as seems to be the more likely situation here, due to filing in the wrong state. La Naga would only have to worry about his own costs incurred up to that point, right, not WotC's? Maybe that's the grift, presenting a case he knows won't even go to court, then just shrugging his shoulders and saying "Oh, well. We tried. Thanks for the donations!"

Though, unless is lawyer friend has cut him an amazing deal, I'd think the IndieGoGo funds collected so far would already be spent.

 

[Bolares]

Just like Facebook! (To bring the thread back on topic. That was the topic, wasn't it? I think I've gone thread-blind.)

More seriously, there's been a lot of talk about how copyright suits end up having the losing party also incur the legal fees of the opposing side. But what if it's dismissed outright, before a ruling is made, as seems to be the more likely situation here, due to filing in the wrong state. La Naga would only have to worry about his own costs incurred up to that point, right, not WotC's? Maybe that's the grift, presenting a case he knows won't even go to court, then just shrugging his shoulders and saying "Oh, well. We tried. Thanks for the donations!"

Though, unless is lawyer friend has cut him an amazing deal, I'd think the IndieGoGo funds collected so far would already be spent.

Wouldn't WotC have to ask for the case to be dismissed?

 

[Snarf Zagyg]

More seriously, there's been a lot of talk about how copyright suits end up having the losing party also incur the legal fees of the opposing side. But what if it's dismissed outright, before a ruling is made, as seems to be the more likely situation here, due to filing in the wrong state. La Naga would only have to worry about his own costs incurred up to that point, right, not WotC's?

Eh, maybe. If it's a dismissal on venue or jurisdiction (not on the merits), then there are no attorney's fees because there's no prevailing party.

I say maybe because not all dismissals are equal. But if, for example, TSR(cubed) voluntarily dismissed, then no, they would likely not be liable for attorney's fees.

 

[Enevhar Aldarion]

I've never run an ad for this site.

Not for this site, but for your publishing business. I have seen Sponsored ads on Facebook for at least one of your products.

 

[darjr]

If you got it from LaNasa, you'd probably end up with a asterisk.

Yea? We’ll GoFundYourself!

 

[Mort]

Just like Facebook! (To bring the thread back on topic. That was the topic, wasn't it? I think I've gone thread-blind.)

More seriously, there's been a lot of talk about how copyright suits end up having the losing party also incur the legal fees of the opposing side. But what if it's dismissed outright, before a ruling is made, as seems to be the more likely situation here, due to filing in the wrong state. La Naga would only have to worry about his own costs incurred up to that point, right, not WotC's? Maybe that's the grift, presenting a case he knows won't even go to court, then just shrugging his shoulders and saying "Oh, well. We tried. Thanks for the donations!"

Though, unless is lawyer friend has cut him an amazing deal, I'd think the IndieGoGo funds collected so far would already be spent.

WoTC would have to ask for attorney's fees, but a dismissal doesn't generally preclude that. A court could dismiss the case on whatever grounds, but retain jurisdiction to determine if awarding attorney's fees is warranted.