If she wanted a monopoly on 'Gygax' for games she should have trademarked it and put out a product, eg Castle Greyhawk. Although that would not stop Luke & Ernie making good faith use of their own name.I think she is just trying to protect the name she holds the rights too.
The one legal right S'mon doesn't mention is 'right of personality'. I hadn't heard of it until the Law of the Geek podcast had an episode on it. Its protection is based in state law in the US, so it is hard to predict how it would apply here, but while I like the idea of the magazine, it is, arguably, making use of Gary's reputation which may be something that the law allows the estate to control. It would be a question of fact whether Gygax Magazine is passing itself off as endorsed or produced by the Gygax estate. If it is, there may be state laws which make the name problematic even without a trademark claim, and even though Gygax is also the name of two proprietors. I agree with S'mon about the strength of Luke and Ernie's moral claims to the name, but that doesn't necessarily give them legal rights to publish a gaming magazine using it.If she wanted a monopoly on 'Gygax' for games she should have trademarked it and put out a product, eg Castle Greyhawk. Although that would not stop Luke & Ernie making good faith use of their own name.
As for copyright in EGG's work at TSR, that is owned by WoTC.
In terms of any moral, extra-legal right to the Gygax name, I'd think Gygaxes by blood have at least as strong a claim as Gygaxes by marriage.
-S'mon the IP lawyer.
This is a key problem for me.I'm still dubious about the Gygax name. Its only strength is its relationship to Gary Gygax. Otherwise they might as well call it Kask Magazine.
I wonder how people would feel if WotC had kept the TSR name, hired luke as a consultant and put out the exact same mag.... money grab would be the nicest thing anyone would say.JohnRTroy said:Finally, I think too many people are making their judgement based on their own personal likes rather than what is right. To me, what Gail is doing or not doing with Castle Zagyg, Lejendary Adventure, or whether or not she makes her plans transparent to the gaming community or whether she is a "gamer" is not an issue. It's the rights she inherited that I think is important. She's the sole person who can authorize Gary's name and likeness for us in any endeavor that is not covered by Fair Use. I suspect she could even object to GaryCon's name because it uses Gary's name and likeness, if she chose to.
Whether you agree or disagree with her plans or treatment, that really shouldn't influence a judgement of what's right or not.
While I agree that the combination of "Gygax" and "TSR" is certainly designed to evoke something specific, I wouldn't call it "offensive". But it's marketing, certainly (well, hopefully - one would hope that a cryptic website like that leading to mass speculation wasn't just an accident!)As an outside observer and potential consumer, I find the attempt to grab customers by playing on an inferred relationship using the names "Gygax" and "TSR" to be misleading and offensive.