Moreover, this opinion has twice commented on the apparent
overreaching by TSR in one part of the Agreement: prohibiting
Mayfair's truthful advertising of the fact that Role Aids
products may be utilized by members of the consuming public in
conjunction with rival role-playing games as well as with AD & D.
That restraint inhibits not only Mayfair's market among consumers
who have purchased (or might intend to purchase) role-playing
games from TSR's competitors but (not incidentally) also tends to
lessen the demand for those competitive games among purchasers of
Mayfair's Role Aids products. And again those anti-competitive
measures appear to find no rational support in TSR's legitimate
goals for protecting the integrity of its own trademarks. [FN24]
Whether or not those considerations invalidate that
particular restraint of trade has not been decided here, because
it need not be. But those considerations do tend to place in
sharper focus the effect of a rescission of the Agreement here.
Because of AD & D's prominence in the marketplace, any revocation
of Mayfair's permission to refer to AD & D with appropriate
disclaimers could bid fair to destroy Role Aids as a competitor
for the marketplace with TSR's own products intended for use in
that role-playing game. [FN25] What is.reflected in the total
record here simply does not support this Court's throwing its
weight into the competitive scales in that fashion, when TSR has
a fully adequate remedy in the form of its recouping any damages
that it can prove and its obtaining an injunction compelling
Mayfair's correction of past violations and preventing new
violations. [FN26]
) if you have a C&C module you want to publish and sell for beer money, you might want to consider publishing it with OSRIC if the guys at TLG don't have the time or resources to publish it for you.
