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WotC doesn’t own the trademark for Mind Flayer
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<blockquote data-quote="Snarf Zagyg" data-source="post: 8967692" data-attributes="member: 7023840"><p>1. I completely disagree that "this is absolutely how all forms of IP end up getting used - nuisance cases." That's similar to saying, "That's how all real property gets used- as pig farms." Sure, some real property is used as pig farms, and it does suck to live near one, but the majority of the use of property isn't for pig farming. And people- lots of people, everyday people- protect their IP.</p><p></p><p>2. I appreciate that you quickly googled your position, but did you read the articles? Here's the meat from the first one- <em>Most of these opportunistic applications won’t be approved because, unlike cybersquatting, registration requires actual use or a bona fide intent to use the mark. Most applicants will be unable to establish the requisite intent or simply will never get around to making actual use in commerce. However, for those opportunistic registrants, or potential “trademark trolls,” who have no intent to lawfully use the trademark, the current pandemic presents an occasion to financially exploit these marks. By seeking federal rights ahead of others, the registrant can stand in the way of legitimate businesses making use of these marks. This situation presents an unavoidable business hazard to entities using COVID-related phrases or expressions. With some advance precautions and a nimble response, exposure can often be minimized. After all, the threat posed by most of these trademark trolls is minimal.</em></p><p></p><p>For those of you who don't understand the gist, there are real and serious problems in the legal system that are presented by so-called patent trolls. Like ... it's a serious issue that is being addressed. Copyright "strike" suits, while not quite the same as "trolls," is also a problem. Trademarks? No. Not the same at all.</p><p></p><p>And conflating these different issues is what causes these REALLY STUPID articles and reactions. Good?</p><p></p><p>Good.</p></blockquote><p></p>
[QUOTE="Snarf Zagyg, post: 8967692, member: 7023840"] 1. I completely disagree that "this is absolutely how all forms of IP end up getting used - nuisance cases." That's similar to saying, "That's how all real property gets used- as pig farms." Sure, some real property is used as pig farms, and it does suck to live near one, but the majority of the use of property isn't for pig farming. And people- lots of people, everyday people- protect their IP. 2. I appreciate that you quickly googled your position, but did you read the articles? Here's the meat from the first one- [I]Most of these opportunistic applications won’t be approved because, unlike cybersquatting, registration requires actual use or a bona fide intent to use the mark. Most applicants will be unable to establish the requisite intent or simply will never get around to making actual use in commerce. However, for those opportunistic registrants, or potential “trademark trolls,” who have no intent to lawfully use the trademark, the current pandemic presents an occasion to financially exploit these marks. By seeking federal rights ahead of others, the registrant can stand in the way of legitimate businesses making use of these marks. This situation presents an unavoidable business hazard to entities using COVID-related phrases or expressions. With some advance precautions and a nimble response, exposure can often be minimized. After all, the threat posed by most of these trademark trolls is minimal.[/I] For those of you who don't understand the gist, there are real and serious problems in the legal system that are presented by so-called patent trolls. Like ... it's a serious issue that is being addressed. Copyright "strike" suits, while not quite the same as "trolls," is also a problem. Trademarks? No. Not the same at all. And conflating these different issues is what causes these REALLY STUPID articles and reactions. Good? Good. [/QUOTE]
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