Gygax Magazine? [UPDATE 3 - Electric Boogaloo]

[Leif]

Lawyer here but don't know IP stuff. Didnt all the rights etc owned by TSR get sold to WotC. so I don't understand how someone can claim to copyright the words TSR and link them to OSR stuff?

Mike

Lawyer here, too, but no IP specialist. Still, let me take a stab at it:

The mark/name "TSR" was abandoned by Wizards of the Coast, UNLESS they took steps to maintain their legal ownership of the mark before they chose not to use it. When WotC made the active business decision to no longer use that mark in their business, if it was abandoned and not maintained by them, then the clock began to tick until the time when it could again be used in the RPG field without doing damage to the IP purchased by WotC. I'm not sure what the specific period is here, or even if there is a certain period under the applicable copyright law, but my sense is that the more time has passed since the abandonment of the mark, the less damage can be claimed, let alone proved, because of any supposed infringement. I do know that a third party would be in a better position to revive the TSR mark than would someone who had some interest in the company from before, because that person's claimed rights to the mark were specifically subject to the sale to WotC.

 

[Knightfall]

Just as an aside, WotC didn't just abandon the TSR Trademark. As noted on the TSR Games and Gygax Magazine thread on The Piazza, WotC has also let the Mystara Trademark lapse.

Now, I'm not sure what another RPG company (that chose to claim it) could do with the Mystara Trademark (I'm not even sure if it could be claimed), but I find it fascinating that WotC didn't renew it.

 

[falcarrion]

To me it doesn't matter what the name is. what matters to me is who is behind it. and they have my confidence. I just hope the Name problem is resolve peacfully. The gaming industry doesn't need a legal battle but a joining of forces to stregthen the industry.

 

[Leif]

To me it doesn't matter what the name is. what matters to me is who is behind it. and they have my confidence. I just hope the Name problem is resolve peacfully. The gaming industry doesn't need a legal battle but a joining of forces to stregthen the industry.

Agreed!

 

[darjr]

...UNLESS they took steps to maintain their legal ownership of the mark before they chose not to use it.

would the continued use of the www.tsr.com domain count here?

 

[Lou]

would the continued use of the www.tsr.com domain count here?

Under other circumstances, the answer would clearly be YES.

Here, I would argue that with 11 different registered marks for "TSR", no one company has a clear claim to the TSR.com domain that would outweigh the continued use by WotC. At the same time, WotC gave up the use of the TSR mark while continuing to use the TSR.com domain as a redirect only.

 

[darjr]

From over on Board Game Geek I hear of Jayson on the RFI podcast and he adds a bit of news about content.
http://boardgamegeek.com/blogpost/14960/tsr-games-announces-gygax-magazine-coming-in-decem

http://rfipodcast.com/show/2012/11/25/volume-3-issue-102-gygax-magazine/

 

[Leif]

Under other circumstances, the answer would clearly be YES.

Here, I would argue that with 11 different registered marks for "TSR", no one company has a clear claim to the TSR.com domain that would outweigh the continued use by WotC. At the same time, WotC gave up the use of the TSR mark while continuing to use the TSR.com domain as a redirect only.

But, Bro, continued use of the mark is not the same as continuing legal protection of the mark, except in the most general, common law fashion, which in this case would probably be adequate. I mean, who in his right mind would start an rpg company with the name TSR and think that he was writing upon a clean slate?

 

[talien]

Hi All,

Got to the bottom of the speculation by just talking directly to Jayson: http://www.examiner.com/article/interview-with-jayson-elliott-founder-of-the-new-tsr

Hopefully this clears some things up.

 

[darjr]

Great interview! Lots to think about and digest. I hope it works out for them. I know I can't wait to read the magazine.