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Message: <blockquote data-quote="Voadam" data-source="post: 3796343" data-attributes="member: 2209">TSR, INC., Plaintiff, v. MAYFAIR GAMES, INC., a corporation and DARWIN P. BROMLEY, individually and as President of Mayfair Games, Inc., Defendants.No. 91 C 0417UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISIONMarch 15, 1993, Decided According to the court:"TSR, Inc.  ("TSR") has sued Mayfair Games, Inc.  ("Mayfair") and its President Darwin Bromley ("Bromley"), seeking injunctive relief, damages and contract rescission on the basis of several claims: (1) copyright infringement, (2) trademark infringement, false designation and misappropriation, (3) unfair competition and (4) breach of contract, all arising from Mayfair's use on its products of TSR's "Advanced Dungeons and Dragons" trademark. TSR currently moves for summary judgment on the Fourth Count of its Amended Complaint, which asserts that Mayfair breached a 1984 Settlement Agreement (the "Agreement") between the parties. 1 Mayfair responds by asking for summary dismissal of that breach of contract claim. For the reasons stated in this memorandum opinion and order, each motion is granted in part and denied in part.""In 1982 Mayfair began to produce and market adventure and reference books under the trademark "Role Aids" for use in playing AD&D (D. Mem. 10, P-D P 22). TSR complained to Mayfair that Mayfair was making improper and infringing use of the AD&D trademark, and the parties signed the Agreement on September 28, 1984 to govern Mayfair's future use of TSR's trademarks (P-D P 28).""Under the Agreement Mayfair acknowledged TSR's ownership of the D&D and AD&D trademarks and agreed not to contest their validity (P. Ex. 1 § III, P-D P 29). Mayfair also agreed to use the AD&D trademarks solely in connection with Role Aids modules, advertising and promotional materials. TSR's trademark was to appear once on an advertisement, catalog, flyer or press release, and only within a specific emblem form 6 in which Mayfair would state that the Role Aids product involved is for use with the AD&D role-playing game and that AD&D is a registered trademark of TSR, and would disclaim TSR's approval of that specific use of TSR's trademark by Mayfair (P. Ex. 1 § I and Ex. B, P-D PP 30-32). Mayfair's own symbol was required to appear on the same page. Mayfair also agreed (2) to phase out all noncomplying packaging, (2) not to use TSR's trademark in any other manner and (3) not to include statements on Role Aids modules carrying the AD&D trademark that such modules were suitable for use with other role-playing games (P. Ex. 1 §§ IV-V and Ex. B, P-D P 36). If materials violating the Agreement were distributed, Mayfair was required to make good faith efforts to recover such materials and to withdraw and withhold offending materials from distribution (P. Ex. 1 § VI, P-D 12<img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f44e.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt="(n)" title="Thumbs down    (n)"  data-smilie="23"data-shortname="(n)" /> P 38). Despite the foregoing prohibitions, Mayfair was not prohibited from acquiring from the creators of Dungeons and Dragons, Arneson and Gygax, any of their rights to use the D&D trademark (P. Ex. 1 § V, D-P P 121)."..."Unsatisfied with Mayfair's performance, on January 22, 1991 TSR filed its initial Complaint against Mayfair"...The court basically found there were admitted minor violations of the agreement but nothing that would be grounds for rescission of the legal agreement between TSR and Mayfair Games. The last docket entry was on 04/21/1994.This is the only substantive case decision found on Lexis using the party name Mayfair Games. There is one other prior one in the litigation that only deals with technical aspects of Mayfair's response to TSR's complaint.</blockquote>

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