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Third Party Character Creation iOS App Removed
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<blockquote data-quote="Dannyalcatraz" data-source="post: 7661357" data-attributes="member: 19675"><p>Actually, I am a lawyer, so with both apologies and respect:</p><p></p><p>First, I <em>was</em> incorrect about patents. I was thinking of 35 U.S.C §102(b), which talks about loss of a patent by abandonment. However, that code refers to the patent holder's abandoning the pursuit of filing patent papers in a timely fashion, which can result in the loss of the ability to patent the invention if certain other conditions are met. IOW, I was in error. That's what happens when I try to express opinions outside of my areas of expertise.</p><p></p><p>(There are reasons why patent attorneys have to pass a separate bar exam, and I haven't done so. <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f642.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":)" title="Smile :)" data-smilie="1"data-shortname=":)" /> )</p><p></p><p>However, computer programs are patentable, so it is possible that WotC is defending software we don't know about.T</p><p></p><p>Trademarks differ in that extant trademarks can be lost by Genericism, Abandonment, Naked Licensing or Failure to Police. The key here is that lawsuits and C&D letters are key in defending against all four.</p><p></p><p>And to clarify, the reason</p><p></p><p> </p><p></p><p>Is because that is fair use of its trademark. IOW, there is nothing they CAN do.</p><p></p><p></p><p></p><p>"D&D" is not the only trademark being defended. There's all the little terminology within the game product they've protected over the years.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 7661357, member: 19675"] Actually, I am a lawyer, so with both apologies and respect: First, I [I]was[/I] incorrect about patents. I was thinking of 35 U.S.C §102(b), which talks about loss of a patent by abandonment. However, that code refers to the patent holder's abandoning the pursuit of filing patent papers in a timely fashion, which can result in the loss of the ability to patent the invention if certain other conditions are met. IOW, I was in error. That's what happens when I try to express opinions outside of my areas of expertise. (There are reasons why patent attorneys have to pass a separate bar exam, and I haven't done so. :) ) However, computer programs are patentable, so it is possible that WotC is defending software we don't know about.T Trademarks differ in that extant trademarks can be lost by Genericism, Abandonment, Naked Licensing or Failure to Police. The key here is that lawsuits and C&D letters are key in defending against all four. And to clarify, the reason Is because that is fair use of its trademark. IOW, there is nothing they CAN do. "D&D" is not the only trademark being defended. There's all the little terminology within the game product they've protected over the years. [/QUOTE]
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