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).


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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.


 

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Well,

NuTSR has refiled the lawsuit, as of 12/29/21.

New venue (Washington State).

New attorneys.

Basically the same complaint.

Let's see if this one lasts longer than a few days!
Maybe it took them 3 weeks to find an attorney who would take it?

Also, I see now that 2 people have donated the $1000 level. Interesting is the best word I can think of...
 




Link to full filing...


I particularly like this bit from their IGG FAQ...

Why did TSR cancel the first filing of this Trademark Declaratory Judgement of Ownership?

That action was taken under the direct instruction of TSR’s attorneys.

Is this re-filing of the Trademark Declaratory Judgement of Ownership the same as the original?

Essentially yes.

I hope the "Our lawyers told us to not do a thing, so we're doing the exact same thing anyway" approach works out for them.
 

Maybe it took them 3 weeks to find an attorney who would take it?

Also, I see now that 2 people have donated the $1000 level. Interesting is the best word I can think of...

The new attorneys at least seem IP focused (not an insurance firm with a bit of IP on the side).

The complaint has also been cleaned up a bit to, in theory, be less of a dumpster fire. I actually forwarded it to a trademark litigator friend of mine too get their take on this new one (their take on the last one was that the attorney better have good active malpractice insurance!).

Another wrinkle is the active complaint WoTC has in front of the TTaB. Response due 1/16/21. Neither court is going to want to have concurrent actions going - one will kick it!
 



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