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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Russ Morrissey

Russ Morrissey




Sacrosanct

Legend
Publisher
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?

Simplifying-

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.
 

Maxperson

Morkus from Orkus
I don't have any of the reprinted TSR books that WotC put out. Is the logo in question in those products? The lawsuit claims continued use and lack of abandonment on WotC's part.
 


Stormonu

Legend
Looks like it is only for the "man in the moon" logo, not the lizardman, cone-hatted wizard or gold bar TSR logos?

I'm really confused by this. Is it all or nothing sort of thing - no use of TSR at all or just the depicted logo?
 


Stormonu

Legend
I don't have any of the reprinted TSR books that WotC put out. Is the logo in question in those products? The lawsuit claims continued use and lack of abandonment on WotC's part.
No mention of even TSR on reprints, much less the logo. Even the Goodman Games reprints lack any reference to TSR. Only use I know of would be the scanned PDFs on DriveThru/DMsGuild.

Last product I remember seeing TSR on was back before 3E, back before Hasbro bought WotC. I would have personally believed that meant TSR was defunct and therefore logos up for grabs, but I guess not?

Unfortunately, this all stinks of direputable people doing things that ruins things for us all because of the backlash.
 

embee

Lawyer by day. Rules lawyer by night.
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 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.

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.


View attachment 148262
View attachment 148263
Good work, TSR 3.5.

You got the attention of a 100 year-old white-shoe law firm with more than 500 attorneys.

Have fun attacking a dragon turtle with a wet noodle.
 

Mort

Legend
Supporter
No doubt TSR3 will play the victim on this on their own forums (Facebook, indieGogo etc.).

Very curious what their response before the Trademark Trail and Appeal Board (TTAB) will be!

Assuming they even respond; it's not a court, but they can be held accountable for anything they write.
 

Umbran

Mod Squad
Staff member
Looks like it is only for the "man in the moon" logo, not the lizardman, cone-hatted wizard or gold bar TSR logos?

I'm really confused by this. Is it all or nothing sort of thing - no use of TSR at all or just the depicted logo?

It looks like it is only the depicted logo.

Why just that one? I'm going to guess that it is the one WotC has the best case for. From what others are saying, the Fraud charge may be serious enough that, if it works, it will likely sink LaNasa's TSR (and possibly LaNasa himself), without having to complicate the case by considering the other marks.
 



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