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*Pathfinder & Starfinder
Gygax Magazine? [UPDATE 3 - Electric Boogaloo]
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<blockquote data-quote="JohnRTroy" data-source="post: 6052918" data-attributes="member: 2732"><p>It's not just Trademark Law that applies here. As the legal heir to EGG, she not just owns intellectual property rights to his post-TSR work, but right of personality. Since Gary Gygax is a person, you can't use his name, his likeness, etc, without the permission of the estate (Gail). The problem with personality rights is they vary from state to state.</p><p></p><p>The term "Gygax" when it comes to gaming has a very specific meaning. Put it this way, you wouldn't know Luke and Ernie (or Gail) without Gary. When people aware of the D&D game see the term "Gygax" you think of Gary or "the guy who created D&D". That leaves a term like "Gygax Magazine" a bit misleading. If they had used a different term like "Gygax Bros. Magazine", that would be more clear. There's a clear establishment of a "common law" trademark when it comes to Gary's own name being used, especially since terms like Gary Gygax's Dangerous Journeys and other books that have his name as part of the title. </p><p></p><p>I have a feeling if a battle to trademark his name happened between Gail and Luke/Ernie, it would fall under Gail's umbrella.</p><p></p><p>ETA--By "without permission", I mean in terms of commerce or anything that implies endorsement. You could write an unauthorized biography, for instance. But sticking the name "Gygax" or even "Gygaxian" on a gaming product in the title is just asking for trouble.</p></blockquote><p></p>
[QUOTE="JohnRTroy, post: 6052918, member: 2732"] It's not just Trademark Law that applies here. As the legal heir to EGG, she not just owns intellectual property rights to his post-TSR work, but right of personality. Since Gary Gygax is a person, you can't use his name, his likeness, etc, without the permission of the estate (Gail). The problem with personality rights is they vary from state to state. The term "Gygax" when it comes to gaming has a very specific meaning. Put it this way, you wouldn't know Luke and Ernie (or Gail) without Gary. When people aware of the D&D game see the term "Gygax" you think of Gary or "the guy who created D&D". That leaves a term like "Gygax Magazine" a bit misleading. If they had used a different term like "Gygax Bros. Magazine", that would be more clear. There's a clear establishment of a "common law" trademark when it comes to Gary's own name being used, especially since terms like Gary Gygax's Dangerous Journeys and other books that have his name as part of the title. I have a feeling if a battle to trademark his name happened between Gail and Luke/Ernie, it would fall under Gail's umbrella. ETA--By "without permission", I mean in terms of commerce or anything that implies endorsement. You could write an unauthorized biography, for instance. But sticking the name "Gygax" or even "Gygaxian" on a gaming product in the title is just asking for trouble. [/QUOTE]
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