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*Dungeons & Dragons
TSR (2) Confirms TSR (3)'s Acquisition of Trademark (Updated!)
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<blockquote data-quote="pemerton" data-source="post: 8319092" data-attributes="member: 42582"><p>I said a bit about this in one of the other threads. (I think the one that didn't get locked.)</p><p></p><p>My view - tentative, as I'm not an IP expert, and doubly not a US IP expert - is that TSR(3) are infringing WotC's copyrights in using those logos for trademark filings and on their products. WotC's copyrights will have been acquired from TSR as part of their purchase of the TSR assets.</p><p></p><p>Agreed. This is why I have doubts about the legal permissibility of the use that TSR(3) is making of those old TSR logos.</p><p></p><p>That's my view - or maybe it would be better to say that's my tentative conjecture, in the absence of correction by someone with a better knowledge of the relevant law.</p><p></p><p></p><p></p><p>I speculated a bit about this on the other thread.</p><p></p><p>I think WotC are entitled to trade - ie sell Star Frontiers and other TSR-branded materials via DriveThruRPG - using the distinctive mark that they have been using. I don't think the registration by TSR(3) can oblige them to give up that trading. Whether it entitles TSR(3) to concurrent use of the mark I'm not sure.</p><p></p><p>TSR(2) - as per the OP of this thread - has said that it could fight for the right to keep trading as TSR if it wanted to, but for the sake of avoiding a fight is prepared to pay a rather nominal licence fee. I think TSR(2) is right to think it could keep trading. Whether they, or WoTC, could <em>block </em>the new TSR(3) is what I'm not sure about. I'm not sure exactly what suite of rights travels with registration in the US when that registration is subsequent to someone other traders use of the same, but non-registered, mark.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8319092, member: 42582"] I said a bit about this in one of the other threads. (I think the one that didn't get locked.) My view - tentative, as I'm not an IP expert, and doubly not a US IP expert - is that TSR(3) are infringing WotC's copyrights in using those logos for trademark filings and on their products. WotC's copyrights will have been acquired from TSR as part of their purchase of the TSR assets. Agreed. This is why I have doubts about the legal permissibility of the use that TSR(3) is making of those old TSR logos. That's my view - or maybe it would be better to say that's my tentative conjecture, in the absence of correction by someone with a better knowledge of the relevant law. I speculated a bit about this on the other thread. I think WotC are entitled to trade - ie sell Star Frontiers and other TSR-branded materials via DriveThruRPG - using the distinctive mark that they have been using. I don't think the registration by TSR(3) can oblige them to give up that trading. Whether it entitles TSR(3) to concurrent use of the mark I'm not sure. TSR(2) - as per the OP of this thread - has said that it could fight for the right to keep trading as TSR if it wanted to, but for the sake of avoiding a fight is prepared to pay a rather nominal licence fee. I think TSR(2) is right to think it could keep trading. Whether they, or WoTC, could [I]block [/I]the new TSR(3) is what I'm not sure about. I'm not sure exactly what suite of rights travels with registration in the US when that registration is subsequent to someone other traders use of the same, but non-registered, mark. [/QUOTE]
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TSR (2) Confirms TSR (3)'s Acquisition of Trademark (Updated!)
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