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Will there be a 4.75 a la Pathfinder?
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<blockquote data-quote="pemerton" data-source="post: 6333318" data-attributes="member: 42582"><p>It's not a legal term of art. "As a good offered for sale" is not really a legal term of art either, but would do as a synonym for "as an item".</p><p></p><p>I think there are going to be complexities in comparing trade dress of a restaurant (or other commercial service provision, like M:tG online mentioned upthread by [MENTION=6669048]Abstruse[/MENTION]) and trademarks and trade dress of goods.</p><p></p><p>For instance, if a book or magazine is sold solely in shrink wrap, then it seems to me that that must suggest limitations on the extent to which material that appears only on the interior of the book can constitute trade dress or trademarks belonging to the publisher. At a certain point, such material cannot play a role in consumers distinguishing the goods of one producer from those of another, competing, producer.</p><p></p><p>Or, from the point of view of a potentially infringing trader, at a certain point material that appears only within the interior of a book has not been "used in commerce", which is the statutory phrase that triggers liability.</p><p></p><p>I think it would depend on more details.</p><p></p><p>For instance, a 3PP who publishes a brochure, or single page pamphlet, or perhaps even a short product similar to those old AEG d20 "mini-adventures", which had a WotC-style monster layout emlazoned on the front or rear cover, or otherwise as a predominant feature of the product, such that a prospective consumer who picked up the product was likely to associate it with a WotC MM or similar book, might be "us[ing] in commerce any . . . symbol, or device, or any combination thereof . . .likely to cause confusion".</p><p></p><p>But if the 3PP book on its cover does not use the WotC font, layout, spine design etc; does not use any WotC logos; sells its books in shrink wrap; but on some pages of the interior uses WotC-style layouts for monsters and items (but with different fonts, let's say, and different though recognisable sword, burst etc designs to mark attack types, etc); then it becomes harder for me to see that the 3PP is violating WotC's rights. I'm not sure that it is using the relevant symbols or devices in commerce in such a way as is likely to cause confusion.</p><p></p><p>But from WotC's point of view, I would still think that they might wish to assert copyright in their tabular layout for powers, monsters, items etc.</p></blockquote><p></p>
[QUOTE="pemerton, post: 6333318, member: 42582"] It's not a legal term of art. "As a good offered for sale" is not really a legal term of art either, but would do as a synonym for "as an item". I think there are going to be complexities in comparing trade dress of a restaurant (or other commercial service provision, like M:tG online mentioned upthread by [MENTION=6669048]Abstruse[/MENTION]) and trademarks and trade dress of goods. For instance, if a book or magazine is sold solely in shrink wrap, then it seems to me that that must suggest limitations on the extent to which material that appears only on the interior of the book can constitute trade dress or trademarks belonging to the publisher. At a certain point, such material cannot play a role in consumers distinguishing the goods of one producer from those of another, competing, producer. Or, from the point of view of a potentially infringing trader, at a certain point material that appears only within the interior of a book has not been "used in commerce", which is the statutory phrase that triggers liability. I think it would depend on more details. For instance, a 3PP who publishes a brochure, or single page pamphlet, or perhaps even a short product similar to those old AEG d20 "mini-adventures", which had a WotC-style monster layout emlazoned on the front or rear cover, or otherwise as a predominant feature of the product, such that a prospective consumer who picked up the product was likely to associate it with a WotC MM or similar book, might be "us[ing] in commerce any . . . symbol, or device, or any combination thereof . . .likely to cause confusion". But if the 3PP book on its cover does not use the WotC font, layout, spine design etc; does not use any WotC logos; sells its books in shrink wrap; but on some pages of the interior uses WotC-style layouts for monsters and items (but with different fonts, let's say, and different though recognisable sword, burst etc designs to mark attack types, etc); then it becomes harder for me to see that the 3PP is violating WotC's rights. I'm not sure that it is using the relevant symbols or devices in commerce in such a way as is likely to cause confusion. But from WotC's point of view, I would still think that they might wish to assert copyright in their tabular layout for powers, monsters, items etc. [/QUOTE]
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