There Can Be Only One!!

[El Ravager]

Gotta go with Saeviomagy on this one. I can see having that logo in your sig trademarked, but the word Dusk by itself seems like kinda a stretch. Dusk is a pretty generic word, so its not like he stole the title from you or his work is derivitive of yours.

I pretty much think our whole trademark/copyright system in general is luanacy anyway, so I guess my opinion isn't that important. I have never been in the position to consider publishing my work, but if I created a fan work I would be very aggitated if a company told me I can't use a name. I understand I shouldn't be able to copy a name entirely - I couldn't name my work Dungeons and Dragons, but I would be upset if WotC told me to change my name because it had the word Dungeons OR Dragons in it (For instance 'Dragons of Might' or 'The Dungeons of Terrible, Unescapable Doom').

Anyway, sorry about the rant. I will be the first to tell you that I am probably ignorant of trademark issues from the perspective of a creater. But from the perspective of a consumer I find that people can get petty about it.

If you do end up publishing your work, Morris, I wish you the best. I just don't think that a word like Dusk on its own should be trademarked. If you are concerned about product identity, maybe you could suggest that the creator of Dusk'01 add a tagline to help differentiate the two?

 

[Michael Morris]

It's not the word that is trademark - it's the word by itself used as a title is a trademark. Dusk can certainly appear in other RPG titles. Almost any solo noun, even solo letters can be so trademarked, but there are limits. Numbers can't be used for differentiation because the implication could be drawn that one item is a sequel to the other. In any event, the term must be tied to a pretty tight trade or genre (Hence the reason they are called trademarks). My trademark applies only to Roleplaying games and nowhere else.

IANAL either, but I worked for a year as a secretary to a patent lawyer and learned a lot about this field. Maybe I should get a an associate's degree as a legal aide.

There is nothing stopping him from using dusk in the title - it just can't be the standalone title.

For instance, it could be called "Hours of Dusk."

Though if I was going to pick a one word title for what he has, it would be "Aftermath."

 

[Shadowdancer]

You should settle it in Thunderdome. Two games enter, one game leave.

Oh, and sell the broadcast rights to Fox. You'll make a fortune.

 

[Eosin the Red]

Masterblaster....

::::[CHANT]:::::Two games enter, one game leaves!!!::::::[/CHANT]:::

 

[Drawmack]

WotC trademarked the word Living. What's the difference in trademarking Dusk?

 

[Michael Morris]

Folks, after a cordial discussion with the webmaster of the other site, he has agreed to change the name as soon as he can come up with something better. I'll leave this up for a while, then I'll delete the thread if an Admin doesn't close it.

 

[El Ravager]

Hey, I am glad you guys worked it out peacefully. I see now the thing about numbers not enough to differentiate. Hope I didn't come off to hostile or anything. I have recently been in some heated conversations about copyright issues and, well, no need to go into it here. I do understand your desire to protect your trademark and I am glad you guys worked it out.

I also think Aftermath does seem like a good name for his stuff.

 

[herald]

Aftermath would be a terrible name. Aftermath was a post-Apocolyps game that was out in the 80's. He'd be really screwed if he went with that.

 

[Ranger REG]

If Wizards of the Coast can trademark d20 with regards to the rules system, and NOT the type of die, I'm sure that Michael_Morris can trademark Dusk with regards to his body of work (a d20 campaign setting).

 

[Ranger REG]

I also think Aftermath does seem like a good name for his stuff.

For us longtime gamers, that is the name of another post-holocaust RPG.

But I would suggest the following titles:

Dusk: The Aftermath '01
Dusk: The Long Winter 2D20 (actually the D also looks like a zero).