Usage of "d20" in other products.

[Snake87]

You are correct (Marius Delphus), I didn't really understand the different in Copyrights and Trademarks until you specified. I got really confused when I read the US Copyright office website, so I really appreciate you clearing things up.

With that being said, I don't think I really have any copyright issues.

Morrus, to answer your question, my plan is to make an entirely new play system that uses similar mechanics to the D&D 3.5. I actually have been working on it for quite a while, that is why I wanted to ask these questions before I released anything. I was really happy when I found these forums as I had a lot of questions and I couldn't really find any answers.

Back on the topic of monsters, to make sure I understand this correctly, essentially the name isn't the issue it is more the method and story that wizards uses to portray their monsters. Such as their version of the Troll and Orcs.

I was going to look at other Tabletop RPG products (books, minatures, etc) and see what is and isn't used (like was already suggested). Unfortunately, I have made my Kobolds reptillian, but they are very different from wizards.

 

[Marius Delphus]

Unfortunately, I have made my Kobolds reptillian, but they are very different from wizards.

Then it's probably not a big deal. While I might personally like to see a more "folkloric" approach*, "kobolds" (however they look and whatever they're about**) do, as I said, fill the "puny humanoid" niche in several other RPGs and CRPGs without any apparent issue.

* Reading back, I notice my comment might have been somewhat colored by this bias on my part... mea culpa.

** It seems to me that OD&D and 1st and 2nd Edition AD&D kobolds were dog-like (complete with "yipping" language), and that the reptilian thing was a change for 3rd Edition, but I could certainly be misremembering this. Also, IIRC, Record of Lodoss War is based on an OD&D campaign.

 

[pawsplay]

Kobolds became repitlian due to an art direction problem somewhere in the AD&D 2e lifecycle, and Gary and the rest sort of shrugged and said, "Sure, why not?" Originally, kobolds were dog-like goblinoids.

Obviously, Wizardry and Lodoss War got their kobolds from D&D. What is less important than that origin is the fact that those publishers have not been sued.

 

[Snake87]

Kobolds became repitlian due to an art direction problem somewhere in the AD&D 2e lifecycle, and Gary and the rest sort of shrugged and said, "Sure, why not?" Originally, kobolds were dog-like goblinoids.

Obviously, Wizardry and Lodoss War got their kobolds from D&D. What is less important than that origin is the fact that those publishers have not been sued.

I think I am totally fine then, my Kobolds are repitilian and have a completely different backstory than regular D&D. They live longer, more intelligent, more independant. Although there are different sub-species of them (some are more stupid).

Anyway, another question I thought of before I let this thread go into the archives-of-awesomeness. Will I have to trademark all of the character names I create for the final product?

 

[Marius Delphus]

You can claim any name you like as a trademark, but unless you've marked something that's being traded (read: sold) with it, the declaration is most likely to be entirely inconsequential (you wouldn't be able to defend the mark).

You generally see character names trademarked when character-specific merchandise is offered for sale. Thus, Elminster™ miniatures or Legend of Drizzt® novels (set in the Forgotten Realms®), but Elminster's statistics (no trademark declaration) and Drizzt's now-cliche storyline (no trademark declaration).

(In the US. the ™ is for when you're declaring something as a trademark; the ® is for when you've actually gotten the trademark registered with the US Patent and Trademark Office (United States Patent and Trademark Office Home Page).)

Personally, I wouldn't bother declaring your characters' names as trademarks. If you later go on to publish or create character-based merchandise, then marking those objects with the characters' names and declaring the names as trademarks should suffice.

But remember that if you need specific legal advice, you should consult an intellectual property attorney and not an Internet messageboard.

 

[Snake87]

But remember that if you need specific legal advice, you should consult an intellectual property attorney and not an Internet messageboard.

I am aware of this, haha. I figured I was getting ahead of myself. I need to finish the book(s) before I move on to publishing and trademarks and all that.

Thanks again everyone for their help! These forums are great, I'll be sticking around.