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This is the greatest thread ever.

It is true that Kobold Press have not registered their mark for tortilla presses.

Yes, the more you take, the more the risk of infringement. I don't think "live in tropical jungles, and worship demons" would be enough, but the detailed three-race breakdown in the MM2 might be. Maybe.

It's not necessarily safe to do so. A court might say that the WoTC mindflayer is copyright protected, and that you've reproduced enough to infringe on that copyright. In MGM v Honda, just having James Bond type character & villains appearing in a car ad was held (likely) to infringe MGM's...

That's correct.

It's only a trade mark if it's used as a badge of origin. I'm pretty certain Yuan-Ti has never been used as a trade mark.

There are quite a few live Kobold registered marks at the USPTO BTW - see here

As their brand name, it was already an unregistered trade mark, and indicated as such by the little (TM) beside the D in Kobold. But registering will give a lot more protection if anyone comes after them ("we own kobolds"!), or if someone else is selling Kobold-branded merchandise. In gives them...

Came across this - TESS -- Error On 24th January 2023, Kobold Press filed to register Kobold Press for A series of fiction works, namely, printed novels and printed books featuring role playing games; Printed books in the field of role playing games; Printed story books; Printed strategy guide...

Yes, registered TMs are shown as (R). In the USA unregistered claimed marks are shown with (TM). A court might or might not agree with such claims.

Yup. It's a register. :D

In the time between the Glorious Revolution 1688/89, and the rise of the Statute of Anne 1709/10, there lay an Age Undreamed Of... (sorry, copyright/Conan joke)

Yes, I think we disagree. There may be software cases on this, since being able to stop others indicating compatibility with your product would be a big deal in the open source software world. "You used some of our code under Creative Comments - that means we get to stop you saying your software...

AFAICS yes, you can certainly contract with A, promising that in future you will offer to contract with B. And B could be 'everyone'. You could revoke your offer to contract with B, but then you'd be in breach of your contract with A.

That appears to be a requirement to show the origin of the SRD material, as per WoTC's required licence notice: This work includes material taken from the System Reference Document 5.1 (“SRD 5.1”) by Wizards of the Coast LLC and available at Systems Reference Document | Dungeons & Dragons. The...

Here's a Beholder mark for computer games & toys - Trademark Electronic Search System (TESS) Can't see any WoTC/Hasbro registered mark.

I like this "Eye of Da Beholder" mark https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4804:rmgaxx.3.2

Here's the link Trademark Electronic Search System (TESS)

They would not allow it because of the risk of origin confusion.

Without bothering to research (it will be a few weeks before my Agency class) :D it does not look like an Agency relationship to me.