TSR Now it’s WotC’s Turn: WotC Moves Against TSR3

I guess after you provoke somebody enough, they’ll eventually bite back. The company has begun trademark cancellation procedures against the newest TSR. TSR3 briefly filed for a court declaration on Dec 7th as to their ownership of the TSR trademarks — with an IndieGoGo campaign to fund it — and then voluntarily dismissed it a couple of days later on Dec 9th. This filing is dated Dec 6th...

I guess after you provoke somebody enough, they’ll eventually bite back. The company has begun trademark cancellation procedures against the newest TSR.

TSR3 briefly filed for a court declaration on Dec 7th as to their ownership of the TSR trademarks — with an IndieGoGo campaign to fund it — and then voluntarily dismissed it a couple of days later on Dec 9th.

This filing is dated Dec 6th, the day before TSR3 launched its campaign.

In WotC’s response, they cite fraud as one of the causes of action, alleging that TSR3 misled the trademark office in its original application.

Mike Dunford, on Twitter, breaks down the action.


4E621D4D-651A-4F27-B77F-CA7A222BDB91.png

3DC0A545-5258-45D3-A925-CF0D2B78ECF8.jpeg
 

log in or register to remove this ad


log in or register to remove this ad




Abstruse

Legend
Meh. Using a protected artwork a couple of times without permission probably isn't much compared with lying to the USPTO.
It really depends on how much Wizards of the Coast's lawyers want to go after him. The penalty for perjuring on a trademark form is typically just losing the trademark. Fines and criminal charges are technically possible, but I couldn't find any examples of it happening when I searched. It was more used by trademark lawyers on their websites to evoke the possibility to scare their clients into not lying on their forms. Any lawsuit over the copyright would be declaratory (what LaNasa filed against WotC, getting the court to declare something rather than seeking damages because WotC would have to prove they suffered financial harm by LaNasa's use of their copyrighted material, which would be difficult to prove). But it would force LaNasa to spend more on legal fees defending against it or (more likely) force him to try to settle it.
 


Sir Brennen

Legend
TSR3's hopeless battle against WOTC would make a great adventure module. It would be the first time an actual lawsuit would get the D&D treatment. I would play one of the corporate lawyers; he will use a +5 flaming sword in a fight.
Stealing from someone in another thread, but this is probably all just an elaborate playtest of nuTSR's actual, secret product... a LARP of "Papers & Paychecks"
 

billd91

Not your screen monkey (he/him)
TSR3 has always felt like they've been trying to get Wizards to notice them and react, TSR2 mostly seemed to try to fly under the radar.

TSR2 was trying to quietly sell games using the name TSR, TSR3 is trying to generate lawsuits and outrage.
I don't know that selling a new edition of Top Secret by Merle Rasmussen really counts as trying to quietly sell games. They were definitely trying to align with a certain amount of legacy goodwill for the old TSR name with an old TSR title. The difference - they weren't outright trying to hijack old logos and properties they didn't have/couldn't get rights to.
 



Related Articles

Remove ads

Remove ads

Top