ENNIES Seal (Legal help requested)

[talien]

Cafepress does everything. You can merchandise yourself like mad.

http://www.cafepress.com/cp/info/products/index.aspx

You just upload the graphic and WHAMMO! instant shirt/sticker/whatever.

Here's the list:

New and Seasonal Products

Audio CD Data CD Military Bear
Men's Tank Top Women's Tank Top Jr. Spaghetti Tank
Visor


Exclusive Premium Shop Products

Kids T-Shirt Small Framed Print Large Framed Print
Framed Panel Print


Standard Products

Baseball Jersey White T-Shirt Ash Grey T-Shirt
Golf Shirt Long Sleeve T-Shirt Jr. Baby Doll T-Shirt
Women's T-Shirt Hooded Sweatshirt Sweatshirt
Boxer Shorts Classic Thong Camisole
Infant/Toddler T-Shirt Infant Creeper Bib
Large Mug Mug Stainless Steel Travel Mug
Stein Tile Coaster Tile Box
Mousepad Wall Clock Teddy Bear
Lunchbox BBQ Apron Flying Disc
Picture Frame Baseball Cap Black Cap
Sticker (Oval) Sticker (Rectangular) Bumper Sticker
Wall Calendar Calendar Print Greeting Cards (Package of 6)
Postcards (Package of 8) Mini Poster Print Small Poster
Large Poster License Plate Frame Tote Bag
Messenger Bag Book

 

[BrooklynKnight]

bah cafe press sux, to expensive and not flexible enough

 

[Michael Morris]

This is a preliminary license for the seals. It's templated off the d20 system license, but I could use some help from the lawyers around here (of which I know of at least one... Orcus). This isn't official till Russ approves it of course.

ENNIES LOGO LICENSE VERSION 1.0

By using the following logo in your products and related advertising, the Licensee ("You") accept to be bound by the following terms and conditions:

1. Copyright & Trademark
EN World Ltd. retains title and ownership of the Ennies logos.


2. License to use
You are hereby granted the non-transferable, non-exclusive, royalty-free license to use the Ennies logos in conjunction with the products which have won the appropriate awards or nominations provided you meet the following conditions: a) You agree not to misuse the logos in order to claim or imply that you have won an award which you have not. b) You agree not to alter the logo other than to convert it to grey scale or to resize it. c) On any webpage or advertisement of half a page or more in size that includes the logo you agree to include the following text at no less than a 5 point font size "Ennies Logo (C) 2003 ENWorld Ltd."

3. Agreement not to Contest
By making use of the Ennies logo under the terms of this License, You agree not to contest the ownership of the Licensed logo.

4. Breach and Cure
In the event that You fail to comply with the terms of this License, You will be considered to be in breach of this License. ENWorld Ltd. will attempt to notify you. You will have 30 days from the date the notice (the "cure period") to cure the breach to the satisfaction of ENWorld.

5. Termination
If, at the end of the cure period, the breach is not cured, ENWorld may terminate this License without further written notice to You.

6. Effects of Termination
Upon termination, You shall immediately stop all use of the Licensed Articles and will destroy any inventory or marketing material in Your possession bearing the Ennies trademark logos. You will remove any use of the Ennies trademark logos from your advertising, web site, letterhead, or any other use. You must instruct any company or individual that You are or become aware of who is in possession of any materials distributed by You bearing the d20 System trademark logos to destroy those materials. You will solely bear any costs related to carrying out this term of the License.

7. Penalty for Failure to Comply with Termination Instructions
If You fail to comply with the Effects of Termination, Wizards of the Coast may, at its option, pursue litigation, for which You shall be responsible for all legal costs, against You to the full extent of the law for breach of contract, copyright and trademark infringement, damages and any other remedy available.

8. Changes to Terms of the License
ENWorld may issue updates and/or revisions to this License without prior notice. You will, at the earliest possible opportunity, conform in all respects to the updated or revised terms of this License. For a period of 90 days You may continue to distribute any pre-existing material that complies with a previous version of the License. Thereafter written consent should be obtained from ENWorld. Subsequent versions of this License will bear a different version number.

9. No maintenance or support
ENWorld shall have no obligation whatsoever to provide You with any kind of maintenance or support in relation to the Ennies trademark logos.

10. No Warranty / Disclaimer
THE ENNIES TRADEMARK LOGO FILES ARE MADE AVAILABLE ON AN "AS IS" BASIS. ENWORLD DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR PURPOSE, USE OR MERCHANTABILITY. ENWORLD MAKES NO REPRESENTATION OR WARRANTY THAT THE ENNIES TRADEMARK LOGO FILES ARE ERROR-FREE.

 

[kingpaul]

The issue at hand is that you cannot modify the d20 logo when you put it on a d20 product. Thus the award-winners cannot use the current version of the Seal on their products because it violates that rule. We are currently talking with WotC to see if this is ok. Andy says it should be fine. Mary says it should be fine. WotC legal says they will answer us later...

Has this issue been resolved? I see a preliminary license for the logos, but wasn't sure on this.

 

[Mark]

Why not get the logo approved by WotC and release the logo under the OGL. Get permission to use "d20" (as it refers to a System) from WotC (they claim it as PI in the most recent SRD) but retain the term "ENnies" (and whatever others deemed) as PI?

 

[Michael Morris]

Since the 2003 logo isn't going to be reused (see the 2004 logo drafts on the general forumn) its probably too much of a hassle at this point to clear the logos as they appeared in the show. The temp logos shown here will need to do.

As to the preliminary license, that's a seperate issue. I think it is important to excersize at least some control on how the logos are used just as the Academy Awards does with the Oscars. I don't want to go all Draconic like them, but there needs to be some understanding. Also, as the designer of the 2003 (and probably the 2004) logos I have some stake in seeing to it that they are properly secured.

 

[Mark]

The logos are going to be used throughout the year (and beyond) by anyone nominated or who has won in any given year for a product, company, or website, are they not?

If they are approved by WotC and released under the OGL and d20 System License, you can PI them to restrict their usage as you please.

As to what you do about the 5% content that must be opened, include a text insert on suggestions of usage (placement, dos and don'ts, etc.) and just be sure to PI "ENnies" and any other Trademarks you wish to reserve.

Why reinvent the wheel when the licenses are already in place?

 

[Mark]

(double post)

 

[kingpaul]

Has this ever been finalized?

 

[Brisk-sg]

7. Penalty for Failure to Comply with Termination Instructions
If You fail to comply with the Effects of Termination, Wizards of the Coast may, at its option, pursue litigation, for which You shall be responsible for all legal costs, against You to the full extent of the law for breach of contract, copyright and trademark infringement, damages and any other remedy available.

Shouldn't this say "ENWorld Ltd. may, at its option..." instead of "Wizards of the Coast"?