D&D copy right question

[bryantsonnier]

If I was looking to create personalized D&D minis, for like PC characters. To sell for profit, on a semi-large scale, what hurdles would I have to navigate as far as not infringing on the almighty WOTC intellectual Property?

I assume I'd have to call them something like fantasy rpg minis and on the order form the races would have to be generic like lizard guy instead of dragon born on so on.

Would that be enough, not enough, or too much?

 

[Dice4Hire]

If I was looking to create personalized D&D minis, for like PC characters. To sell for profit, on a semi-large scale, what hurdles would I have to navigate as far as not infringing on the almighty WOTC intellectual Property?

I assume I'd have to call them something like fantasy rpg minis and on the order form the races would have to be generic like lizard guy instead of dragon born on so on.

Would that be enough, not enough, or too much?

I would look at companies like Reaper. The kind of stuff they make seems to be fine by copyright.

 

[thewok]

You're actually venturing into trademark--not copyright--law.

If it were me, I'd do the following to cover my rear:
- no mention of D&D at all
- do not use the terms "tiefling," "dragonborn," or anything else that is possibly trademarked by WotC.
- design those races that are "D&D races" a bit differently than they look in D&D.

and, finally,
- see a lawyer about possible trademark problems. Remember, you don't have to make money to be taken to court for trademark and copyright violations.

 

[bryantsonnier]

You're actually venturing into trademark--not copyright--law.

If it were me, I'd do the following to cover my rear:
- no mention of D&D at all
- do not use the terms "tiefling," "dragonborn," or anything else that is possibly trademarked by WotC.
- design those races that are "D&D races" a bit differently than they look in D&D.

and, finally,
- see a lawyer about possible trademark problems. Remember, you don't have to make money to be taken to court for trademark and copyright violations.

cool thank you all

 

[Treebore]

There is a website that tells all the official "trademarks", including WOTC's.

Copyright is a bit easier, because all it protects is "original" works, so the less your work looks like theirs, the safer you will be.

Also realize, and it seems like you already do, they do not own the concepts of giants, and dragons, etc... only specific images of such creatures.

I believe Illithid and Beholder are examples of names they do own.

http://www.uspto.gov/trademarks/index.jsp

 

[bryantsonnier]

Thank you i would like to have an original line of pc's encompassing human, elfs, dwarves expanding out to all the character classes including tiefling and shardmind so I guess it's horned people and crystal guys.

 

[Dannyalcatraz]

horned people and crystal guys

Or...

Hellions & Quarrians
Infernans & Stone Folk
Otherlings & Tectonians
The Fallen & Gäians

Etc

 

[bryantsonnier]

Or...

Hellions & Quarrians
Infernans & Stone Folk
Otherlings & Tectonians
The Fallen & Gäians

Etc

Ooh good ones

 

[Cerebral Paladin]

Just as a quick note: as I understand it, the USPTO lists registered trademarks (and pending registrations). Those are the trademarks that have R in a circle next to them; they get the strongest protection in trademark law. Other trademarks are also protected--most obviously things with the "TM" label next to them are assertions of a trademark, but you can also develop a mark with some protection just through use in trade. So you can't rely on something not showing up in a simple search at the USPTO website to conclude that it is not trademarked.

 

[bryantsonnier]

Gotta love the convoluted thing we call a legal system lol