Menu
News
All News
Dungeons & Dragons
Level Up: Advanced 5th Edition
Pathfinder
Starfinder
Warhammer
2d20 System
Year Zero Engine
Industry News
Reviews
Dragon Reflections
White Dwarf Reflections
Columns
Weekly Digests
Weekly News Digest
Freebies, Sales & Bundles
RPG Print News
RPG Crowdfunding News
Game Content
ENterplanetary DimENsions
Mythological Figures
Opinion
Worlds of Design
Peregrine's Nest
RPG Evolution
Other Columns
From the Freelancing Frontline
Monster ENcyclopedia
WotC/TSR Alumni Look Back
4 Hours w/RSD (Ryan Dancey)
The Road to 3E (Jonathan Tweet)
Greenwood's Realms (Ed Greenwood)
Drawmij's TSR (Jim Ward)
Community
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions, OSR, & D&D Variants
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Resources
Wiki
Pages
Latest activity
Media
New media
New comments
Search media
Downloads
Latest reviews
Search resources
EN Publishing
Store
EN5ider
Adventures in ZEITGEIST
Awfully Cheerful Engine
What's OLD is NEW
Judge Dredd & The Worlds Of 2000AD
War of the Burning Sky
Level Up: Advanced 5E
Events & Releases
Upcoming Events
Private Events
Featured Events
Socials!
EN Publishing
Twitter
BlueSky
Facebook
Instagram
EN World
BlueSky
YouTube
Facebook
Twitter
Twitch
Podcast
Features
Top 5 RPGs Compiled Charts 2004-Present
Adventure Game Industry Market Research Summary (RPGs) V1.0
Ryan Dancey: Acquiring TSR
Q&A With Gary Gygax
D&D Rules FAQs
TSR, WotC, & Paizo: A Comparative History
D&D Pronunciation Guide
Million Dollar TTRPG Kickstarters
Tabletop RPG Podcast Hall of Fame
Eric Noah's Unofficial D&D 3rd Edition News
D&D in the Mainstream
D&D & RPG History
About Morrus
Log in
Register
What's new
Search
Search
Search titles only
By:
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions, OSR, & D&D Variants
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Menu
Log in
Register
Install the app
Install
Upgrade your account to a Community Supporter account and remove most of the site ads.
Community
General Tabletop Discussion
*TTRPGs General
What actually occured between TSR and Role Aids?
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="Doug Sundseth" data-source="post: 3796967" data-attributes="member: 52196"><p>First, let me say that I am not a lawyer; this is my layman's understanding of the current state of the law. Do not rely upon anything here to make legal decisions. If you need legal advice about trademarks, talk to a lawyer who specializes in that arcane field.</p><p></p><p> </p><p></p><p>Not necessarily. It is a violation of a trademark to "trade upon" a trademark you don't own or have some rights to. What exactly "trade upon" means is very fact-specific. (See also, "fair use" of a copyright.)</p><p></p><p></p><p></p><p>If you make a true statement, don't use the trademark to draw customers to your product, and don't represent yourself as the owner of the trademark, you can probably say exactly that without any permission being required. The trick comes in deciding where the line between information and promotion lies. The original agreement between Mayfair and TSR addressed exactly this line. Mayfair had a license from TSR to use the trademarks of TSR in very specific ways.</p><p></p><p></p><p></p><p>Mayfair wasn't the only company that sold products that were noted on the packaging as being compatible with D&D. (I worked for someone who sold similar products; hence the specific knowledge in this case.) TSR had the money to buy lawyers and intimidated some companies into compliance; Darwin and Peter, though, had their own money, and IIRC were/are both lawyers, which rather changes that particular equation.</p><p></p><p>If I understand the caselaw correctly, posting a statement in such a way that it isn't likely to draw the attention of a consumer passing by is unlikely to be a trademark violation, in the same way as saying that a specific replacement carburetor will work on a '72 Camaro isn't a violation of the trademark of Chevrolet.</p><p></p><p></p><p></p><p>Copyright (note: not "copywrite"), patent, and trademark cover very different things (as you perhaps know, though others don't). The use of "compatible with" or the use of logos, etc., falls directly into trademark law.</p><p></p><p>Again, I am not a lawyer in any jurisdiction. The above should not be relied upon as legal advice of any sort.</p></blockquote><p></p>
[QUOTE="Doug Sundseth, post: 3796967, member: 52196"] First, let me say that I am not a lawyer; this is my layman's understanding of the current state of the law. Do not rely upon anything here to make legal decisions. If you need legal advice about trademarks, talk to a lawyer who specializes in that arcane field. Not necessarily. It is a violation of a trademark to "trade upon" a trademark you don't own or have some rights to. What exactly "trade upon" means is very fact-specific. (See also, "fair use" of a copyright.) If you make a true statement, don't use the trademark to draw customers to your product, and don't represent yourself as the owner of the trademark, you can probably say exactly that without any permission being required. The trick comes in deciding where the line between information and promotion lies. The original agreement between Mayfair and TSR addressed exactly this line. Mayfair had a license from TSR to use the trademarks of TSR in very specific ways. Mayfair wasn't the only company that sold products that were noted on the packaging as being compatible with D&D. (I worked for someone who sold similar products; hence the specific knowledge in this case.) TSR had the money to buy lawyers and intimidated some companies into compliance; Darwin and Peter, though, had their own money, and IIRC were/are both lawyers, which rather changes that particular equation. If I understand the caselaw correctly, posting a statement in such a way that it isn't likely to draw the attention of a consumer passing by is unlikely to be a trademark violation, in the same way as saying that a specific replacement carburetor will work on a '72 Camaro isn't a violation of the trademark of Chevrolet. Copyright (note: not "copywrite"), patent, and trademark cover very different things (as you perhaps know, though others don't). The use of "compatible with" or the use of logos, etc., falls directly into trademark law. Again, I am not a lawyer in any jurisdiction. The above should not be relied upon as legal advice of any sort. [/QUOTE]
Insert quotes…
Verification
Post reply
Community
General Tabletop Discussion
*TTRPGs General
What actually occured between TSR and Role Aids?
Top