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The Full & Glorious History of NuTSR
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<blockquote data-quote="adamantyr" data-source="post: 8564116" data-attributes="member: 71147"><p>So now we wait and see on a few things...</p><p></p><p>1) Will the request for a jury trial be granted? I'm not a lawyer, but my limited reading is that if the proper filing is done in the requisite time, the right to a jury trial is guaranteed by the 7th Amendment. That said, unless LaNasa has some fever dream that he can demand the trial be in Wisconsin "Because only gamers should judge gamers" or some nonsense, I'm not sure what they see to gain, other than delay the inevitable. Delay is the main tool of the grifter, so I could see that being why.</p><p></p><p>2) What will TSR's response in the next 21 days be? This seems to be about the time that their lawyers in WA are finding out what they got themselves into.</p><p></p><p>The only even slightly possible avenue I could see is claim either digital publishing doesn't count for trademarks, or that because they published no NEW work with those trademarks, only reprints, they don't count as maintaining the trademark. Both of those are extremely weak and not likely to diminish WotC's direct point that they are confusing customers by using the trademarks at all.</p><p></p><p>Obviously, they had some crazy plan to have the original artists of logos perjure themselves in court, claiming they still owned the trademark rights to their artwork even though they were made for TSR 30+ years ago. We know Darlene's answer, I hope none of the others fell for it.</p><p></p><p>Anyone of a legal mind, is it possible for TSR to withdraw at this point, or are they now in it for the ride?</p></blockquote><p></p>
[QUOTE="adamantyr, post: 8564116, member: 71147"] So now we wait and see on a few things... 1) Will the request for a jury trial be granted? I'm not a lawyer, but my limited reading is that if the proper filing is done in the requisite time, the right to a jury trial is guaranteed by the 7th Amendment. That said, unless LaNasa has some fever dream that he can demand the trial be in Wisconsin "Because only gamers should judge gamers" or some nonsense, I'm not sure what they see to gain, other than delay the inevitable. Delay is the main tool of the grifter, so I could see that being why. 2) What will TSR's response in the next 21 days be? This seems to be about the time that their lawyers in WA are finding out what they got themselves into. The only even slightly possible avenue I could see is claim either digital publishing doesn't count for trademarks, or that because they published no NEW work with those trademarks, only reprints, they don't count as maintaining the trademark. Both of those are extremely weak and not likely to diminish WotC's direct point that they are confusing customers by using the trademarks at all. Obviously, they had some crazy plan to have the original artists of logos perjure themselves in court, claiming they still owned the trademark rights to their artwork even though they were made for TSR 30+ years ago. We know Darlene's answer, I hope none of the others fell for it. Anyone of a legal mind, is it possible for TSR to withdraw at this point, or are they now in it for the ride? [/QUOTE]
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