TSR TSR3.5 Launches IndieGogo Campaign to "Stop" WotC

The latest in the TSR3 saga, which has gone quiet for a while, is a new IndieGoGo campaign launched to "stop Wizards of the Coast". They cite wrongful bullying of TSR, and refusal to answer requests that WotC show TSR "proof of their claims" (although the campaign page doesn't mention what those claims are).

The IndieGoGo campaign was launched yesterday and has so far raised $675 (at the time of writing).

The action TSR seeks is a "Trademark Declaratory Judgement of Ownership" which is a court declaration about the status of something in dispute.

TSR has launched a campaign to stop Wizards of the Coast

Become a Champion of TSR and Support TSR’s campaign against Wizards of the Coast!

TSR is taking a stand against Wizards of the Coast (“WOTC”) and its wrongful bullying of TSR, our trademarks, and its public libeling and slander of all those who helped create TSR based Dungeons & Dragons and products.

Wizards of the Coast has continually bullied TSR regarding TSR’s legally owned Trademarks. Wizards of the Coast has refused to answer all of TSR's repeated requests that they show any proof of their claims. Wizards of the Coast has the vast resources behind them and is implying to bring them to bear down on TSR.

The new TSR suffered widespread pushback when it launched, which they blamed on WotC, claiming that they were under a "coordinated assault across various channels being mounted.... by [WotC]" The company announced itself earlier this year, having acquired the TSR trademark after the previous holder accidentally let it lapse. It was run by Ernie Gygax, Justin LaNasa, and Stephen Dinehart. After several weeks of controversy, the company split into two -- Wonderfilled (Stephen Dinehart), and TSR (Ernie Gygax and Justin LaNasa).

TSR - TSR3 Blames Widespread Pushback On WotC

In an unexpected turn of events, the primary individuals behind TSR3 have claimed the pushback they've received on social media and elsewhere was orchestrated by .... D&D publisher Wizards of the Coast (a company which has thus far remained completely silent on recent events). TSR3 is run by...

www.enworld.org

The page also indicates an intention to "fight to have WotC's legacy product disclaimer removed" from older products (that's the disclaimer on the older books available on DMs Guild which indicates that those books are products of their time) by claiming that the disclaimer portrays the creators of those older products as "as supporting those alleged prejudices, stereotypes and bigotry, wrongfully claimed to be part of those products".

TSR will also Fight to Have the WOTC Legacy Disclaimer Removed

TSR is suing WOTC for Trademark Declaratory Judgement of Ownership . TSR will also pursue in the near future having WOTC remove the legacy content disclaimer placed on TSR based Dungeons & Dragons and other products, and retractions of any other libel and slander which alleges that racism and other heinous beliefs are incorporated into those products.

This disclaimer attempts to make a statement of fact argument, and therefore paints all of the writers, editors, artists and consumers of those products as supporting those alleged prejudices, stereotypes and bigotry, wrongfully claimed to be part of those products. This statement by Wizards of the Coast opens the possibility for the producers and players of these "Legacy Products" to face ridicule, and face the labeling as "bigots", "racists", "misogynists", and worse Cyber & Physical Attacks!

Wizards of the Coast legacy content disclaimer.

"We (Wizards) recognize that some of the legacy content available on this website does not reflect the values of the Dungeons & Dragons franchise today. Some older content may reflect ethnic, racial, and gender prejudice that were commonplace in American society at that time. These depictions were wrong then and are wrong today. This content is presented as it was originally created, because to do otherwise would be the same as claiming these prejudices never existed. Dungeons & Dragons teaches that diversity is a strength, and we strive to make our D&D products as welcoming and inclusive as possible. This part of our work will never end".

TSR3's Justin LaNasa spoke about the campaign in a YouTube video.

TSR - Companies & Freelancers Distance Themselves From The New TSR

The new TSR (which I refer to as TSR3 to avoid confusion) has doubled down on its stance--which has been widely condemned online--via an ongoing series of tweets and replies from its TSR Games, Giantlands, and Dungeon Hobby Museum social media accounts (possibly operated by Justin LaNasa) in an...

www.enworld.org

 

[Ralif Redhammer]

They clearly just wanted to have a Gygax name associated with them. For all I know they asked everyone else in the family and were told to buzz off. The Marmoreal Tomb was years a trainwreck already, and yes, not once did Ernie or Benoist accept responsibility for any of their failures. If not for Troll Lord Games stepping in, there would still be a zero chance of it delivering.

I also don't want to paint Ernie as some innocent person led down a wrong path. He in part chose to walk it, with these people. Some of it can be chalked up to naivety, but not all of it.

It is. Although as I recall, there were a few ways in which Ernie embarrassed himself in that initial video.

The defensive comments about "wanting to enforce gender" or the like, that came off transphobic were just part of it (and then follow up comments which made that worse). Another was completely ducking responsibility for the failures on the Marmoreal Tomb project, pointing the finger of blame entirely at his writing partner Benoist. A third was his whining and complaining over Kickstarter and bank fees and costs. If he didn't understand those costs, that's on him. It's not as if he would likely be able to raise $126,109 for that project without the use of the most prominent crowdfunding platform.

Sadly, from the beginning he's seemed incapable of appropriately taking personal responsibility, and made TSR(3) look like they'd at least made a poor choice of spokesman, even before Dinehart (Giantlands) and LaNasa (TSR) started posting more offensive and absurd things on Twitter.

 

[tenkar]

For those wondering, WotC filed their action first: December 6th
The second part of the filing accuses TSR3 of fraud in their filing of the use of the mark.
If TSR were to lose the legal action, they could potentially be on the hook for WotC's legal costs.

TSR3 filed their legal action, in the wrong venue, the next day: December 7th.
They were seeking to have the court declare that WotC is NOT the owner of the mark in question (and other marks TSR3 applied for and has since abandoned).
If WotC is NOT the owner, then WotC can't accuse them of fraud, as they would have no legal bearing to do so.

 

[tenkar]

I also gave up asking Justin any questions in the fall of 2020, when he refused to give substantive answers to any inquiry.

 

[Sacrosanct]

If WotC is NOT the owner, then WotC can't accuse them of fraud, as they would have no legal bearing to do so.

I disagree. I think anyone could file a fraud complaint, because look at what the complaint actually says. It says that when LaNasa filed for those marks, he swore that no other company was using them to the best of his knowledge. And we know he knew WoTC was still using them because he was complaining about the disclaimers that showed up on the products that had the trademarks on them the same time he filed for the trademarks.

So whether or not WoTC owned those marks is irrelevant to that claim of fraud. What is relevant is that LaNasa lied on his application, and it's pretty easy to prove so.

 

[Umbran]

For those wondering, WotC filed their action first: December 6th
...

TSR3 filed their legal action, in the wrong venue, the next day: December 7th.

Yes, but we haven't established that TSR3 knew about the WotC filing, have we? Notification of that isn't instantaneous, as I understand it.

I would presume both parties had been putting together filings before the 6th, it is just WotC's landed first.

 

[Faolyn]

I disagree. I think anyone could file a fraud complaint, because look at what the complaint actually says. It says that when LaNasa filed for those marks, he swore that no other company was using them to the best of his knowledge. And we know he knew WoTC was still using them because he was complaining about the disclaimers that showed up on the products that had the trademarks on them the same time he filed for the trademarks.

So whether or not WoTC owned those marks is irrelevant to that claim of fraud. What is relevant is that LaNasa lied on his application, and it's pretty easy to prove so.

Since I know very little about these types of laws, would he have had to swear that nobody else was using them or that nobody else had the legal right to use them? Maybe he's trying to claim that WotC was using the marks when they shouldn't have been?

 

[LordEntrails]

And there is a lot of money to be lost in poking a corporation with big gun lawyers....

But only if LaNasa has any money to lose.

 

[LordEntrails]

Since I know very little about these types of laws, would he have had to swear that nobody else was using them or that nobody else had the legal right to use them? Maybe he's trying to claim that WotC was using the marks when they shouldn't have been?

You can read the WotC complaint. When you file the trademark, you swear it true. You also swear that no one else is using the mark, etc.

 

[humble minion]

But only if LaNasa has any money to lose.

Well, in this case, only if 'TSR' has any money to lose. WotC has filed against TSR, not LaNasa or any other individual. And TSR is an LLC, so (according to my understanding) if they run out of money, then the company folds, the bills go unpaid, and LaNasa and co walk away untouched. That's the whole point of LLCs.

And if that happened, then I'm sure LaNasa would promptly start up TSR v4 and start churning out equally dumb publicity stunts.

 

[grimslade]

Yes, but we haven't established that TSR3 knew about the WotC filing, have we? Notification of that isn't instantaneous, as I understand it.

I would presume both parties had been putting together filings before the 6th, it is just WotC's landed first.

It puts LaNasa's lawyer in a slightly better light with the claim he submitted if it was a rushed response to head off the imminent Patent Office filing. Unfortunately, the TSR LLC formation in NC was days before the claim was submitted which makes the timing off. So just shoddy work I guess.