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.

TSR - TSR3.5 Voluntarily Dismisses Lawsuit

A lawsuit filed by TSR3 against D&D owners Wizards of the Coast a few days ago was voluntarily dismissed. Dismissal without prejudice means that the suit can be filed again. The suit lasted two days from the 7th to the 9th of December. The IndieGoGo fundraiser to fund it is still running...

www.enworld.org

TSR - TSR3.5 Launches IndieGogo Campaign to "Stop" WotC

The latest in the TSR3 saga, which has gone quiet for a while, is a new IndieGoGo campaign launched to "stop Wizards of the Coast". They cite wrongful bullying of TSR, and refusal to answer requests that WotC show TSR "proof of their claims" (although the campaign page doesn't mention what those...

www.enworld.org

 

[Ralif Redhammer]

I do, and a quick look at the deluxe reprints from a while back shows that they don't have any of the TSR logos (this being a quick look, mind you, so I could've missed some). The trade dress was mostly on the covers and backs, and the reprints were redesigned so that they don't have them (see also the Slavers collection). My original PHB has a TSR "Products of Your Imagination" page at the end, but the reprint does not.

While I don't recall which logos LaNasa lays claim to, all the DriveThruRPG TSR POD books I have come with the logos as they were at the time of original publication. My POD copy of Chainmail has the little wizard guy logo, for example.

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.

I am glad to see Wizards finally coming down on them with the hammer, and calling their sham of a company what it is, fraud.

 

[Stormonu]

For instance this miniature reprint.

TSR Silver Anniversary Miniature Reprints

Mini reprint: 6 of 8 boxes

rpggeek.com

Oh, those! I have most of them - forgot about those.

And they are doing POD for several of the old titles on DM's guild, so they are still using those for "in print" products.

 

[billd91]

So the publishers of D&D are going after TSR3 with lawyers and not cursing them with black magic?!?
I feel I've been misled by Jack Chick.

 

[Parmandur]

So even if LaNasa could prove trademark dilution or abandonment by claiming that Jayson Elliot's use of the TSR name for TSR2 from 2009 to 2021 without action from Wizards of the Coast proved they abandoned the trademark, he's still going to get all of his claims to the trademark dismissed because he perjured himself in filing the applications.

Big issue with that case, it seems to me (IANaL) is that TSR 2E was actually careful not to create market confusion, or use trade dress still used by WotC.

 

[Umbran]

So the publishers of D&D are going after TSR3 with lawyers and not cursing them with black magic?!?

You speak as if these are not at least roughly equivalent.

 

[Wilphe]

Well then clearly the only part of old school they at all understand is the guilt-free killing of monsters for having different skin colour in a frat bro atmosphere

Not so hot on recognising they are out-matched and legging it

Although if you are in a Treasure = XP edition, then I suppose telling the villagers that will you go out and cleanse the "dungeon of hideousness wokeness" once you get enough funding is a logical development

 

[billd91]

As an aside, the IANaL acronym always makes me look twice. It's almost as bad as WFRP making me always check twice it's not WKRP.

 

[Wilphe]

The problem there is the poor abstraction of how wet noodles actually work in combat.

I miss the illustration of various types of noodle and Noodle v Armour tables

 

[Parmandur]

Oh, those! I have most of them - forgot about those.

And they are doing POD for several of the old titles on DM's guild, so they are still using those for "in print" products.

It was enough to put the kibosh on Evil Hat trying to do a Star Frontiers game.

 

[Jer]

Big issue with that case, it seems to me (IANaL) is that TSR 2E was actually careful not to create market confusion, or use trade dress still used by WotC.

TSR3 has always felt like they've been trying to get Wizards to notice them and react, TSR2 mostly seemed to try to fly under the radar.

TSR2 was trying to quietly sell games using the name TSR, TSR3 is trying to generate lawsuits and outrage.