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Message: <blockquote data-quote="Steerpike7" data-source="post: 5077978" data-attributes="member: 69730">I read the letter, and all I can say is this is why you have counsel send this sort of thing out instead of doing it yourself in a clumsy and inaccurate fashion.In your initial letter you mention the DMCA, even though you are dealing with a trademark issue.  Do you think the DMCA imposes a duty on Privateer Press or anyone else with respect to your marks?Second, you talk a lot about dilution and the worry that your mark will become generic. But an action for Dilution has always required that a mark have a certain amount of notoriety, and the Trademark Dilution Revision Act of 2006 limited the scope of marks to which Dilution applies even further.And even if your mark fit the standard, you're a long way from getting to Dilution from anything that happened in Privateer Press' forums. You need to read the Federal Trademark Dilution Act or talk to counsel who knows something about it if you think using a term in a discussion on an internet forum will get you there. Under Dilution you're looking at Blurring or Tarnishment, and if you look at the elements of either I think you'll see what I mean.Privateer Press had a humorous response, in my opinion, and Lone Wolf Development deserves the egg it has on its face for going about this way.  If my business received this sort of letter I'd be sorely tempted to haul the sender into Federal Court via an action for Declaratory Judgment and dispense with the nonsense in that fashion.</blockquote>

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