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*Dungeons & Dragons
TSR (2) Confirms TSR (3)'s Acquisition of Trademark (Updated!)
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<blockquote data-quote="DammitVictor" data-source="post: 8323595" data-attributes="member: 6750908"><p>I'm not sure that's true. I don't think the studio or the distributor of <em>The Men Who Stare at Goats</em> asked Lucasfilm for permission or paid them a dime. If I remember correctly, Games Workshop never tried to <em>copyright</em> "space marine", they tried to trademark it. And given that a "space marine" is just... what any normal person would call a marine in space, they would have failed.</p><p></p><p>Wendy's published <em>Feast of Legends</em> and owns the copyright and all of the relevant trademarks. I can name my daughter "Wendy". I can name any of the characters in my books "Wendy" or even "Queen Wendy". Pretty much the only thing in the universe I can't name "Wendy" is a thing that sells food, and I can't sell food with a picture of a redhead with pigtails. As long as my "Queen Wendy" doesn't rule a food kingdom, and isn't a redhead with pigtails, trademark doesn't apply.</p><p></p><p>I don't think JK Rowling has ever tried to use "horcrux" as a trademark, much less register it, and nobody would confuse D&D for Harry Potter because of the use of the term. Her right to protect her unique identity in the marketplace isn't infringed.</p><p></p><p>Of course, I'm not a lawyer, just and IP reform advocate. If you want to use "horcrux" in your work, you should ask a qualified IP lawyer.</p><p></p><p>Hasbro has those on retainer.</p></blockquote><p></p>
[QUOTE="DammitVictor, post: 8323595, member: 6750908"] I'm not sure that's true. I don't think the studio or the distributor of [I]The Men Who Stare at Goats[/I] asked Lucasfilm for permission or paid them a dime. If I remember correctly, Games Workshop never tried to [I]copyright[/I] "space marine", they tried to trademark it. And given that a "space marine" is just... what any normal person would call a marine in space, they would have failed. Wendy's published [I]Feast of Legends[/I] and owns the copyright and all of the relevant trademarks. I can name my daughter "Wendy". I can name any of the characters in my books "Wendy" or even "Queen Wendy". Pretty much the only thing in the universe I can't name "Wendy" is a thing that sells food, and I can't sell food with a picture of a redhead with pigtails. As long as my "Queen Wendy" doesn't rule a food kingdom, and isn't a redhead with pigtails, trademark doesn't apply. I don't think JK Rowling has ever tried to use "horcrux" as a trademark, much less register it, and nobody would confuse D&D for Harry Potter because of the use of the term. Her right to protect her unique identity in the marketplace isn't infringed. Of course, I'm not a lawyer, just and IP reform advocate. If you want to use "horcrux" in your work, you should ask a qualified IP lawyer. Hasbro has those on retainer. [/QUOTE]
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TSR (2) Confirms TSR (3)'s Acquisition of Trademark (Updated!)
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