TSR Now it’s WotC’s Turn: WotC Moves Against TSR3

I guess after you provoke somebody enough, they’ll eventually bite back. The company has begun trademark cancellation procedures against the newest TSR.

TSR3 briefly filed for a court declaration on Dec 7th as to their ownership of the TSR trademarks — with an IndieGoGo campaign to fund it — and then voluntarily dismissed it a couple of days later on Dec 9th.

This filing is dated Dec 6th, the day before TSR3 launched its campaign.

In WotC’s response, they cite fraud as one of the causes of action, alleging that TSR3 misled the trademark office in its original application.

Mike Dunford, on Twitter, breaks down the action.



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A point of clarity for some folks. A notice for cancellation doesn't mean WoTC is trying to cancel their claim to a trademark, or the trademark in general. The wording is a bit ambiguous. It means WoTC is filing a motion to cancel the trademark that LaNasa filed, citing reasons:

Grounds for Cancellation Priority and likelihood of confusion Trademark Act Sections 14(1) and 2(d) Fraud on the USPTO Trademark Act Section 14(3); In re Bose Corp., 580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir. 2009)

Emphasis mine. Wow. They aren't playing.

Snarf Zagyg

Notorious Liquefactionist
WotC calls it like it is, fraud. So what happens when LeNasas requests are canceled in court due to fraud?


This isn't court, it's an administrative proceeding (the PTO's trial and appeal board). Close enough for discussion purposes.
Once WoTC wins (assuming, as it seems quite likely), then that will pretty much doom LaNasa's attempts at a declaratory action involving trademarks.
And since he never really had a copyright claim (man, that was, if possible, stupider ... or stupider-est?) that should be the end of that little bit.

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