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"TSR Games is Back"... how come they can use TSR's logos?
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<blockquote data-quote="pemerton" data-source="post: 8341183" data-attributes="member: 42582"><p>I'm not the person you asked, and am far from expert, but I <em>think</em> this would be something that would need to be pleaded and proved. I <em>think</em> the relevant question would be something like <em>is the mark - the word mark TSR and/or non-word logos - a mark that distinguishes WotC's goods and services in the market into which they are being sold?</em></p><p></p><p>I don't know in any detail how one goes about answering this question, especially when what is being sold is an entitlement to download an electronic file, and on the website itself it is WotC (not TSR) which is flagged as the seller of the file (TSR only appears on the "cover" of the file itself). But here's a <a href="https://www.cohnlg.com/common-law-trademark-rights-and-the-internet/" target="_blank">blog</a> that talks in general terms about ecommerce and US-law trademark rights.</p><p></p><p>I've just checked out <a href="https://www.drivethrurpg.com/product/226710/Star-Frontiers-Alpha-Dawn" target="_blank">the Star Frontiers page on DriveThruRPG</a>, and its available in print. I don't know what difference that makes - I <em>think</em> not much because the cover of the book isn't encountered by the customer until <em>after</em> the transaction has taken place, and so the cover of the book is not itself part of what distinguishes the book in commerce. But I can think of some arguments that might push against the previous sentence (eg I might come to your house and see your copy of Star Frontiers with the TSR logo and think about buying it for myself).</p></blockquote><p></p>
[QUOTE="pemerton, post: 8341183, member: 42582"] I'm not the person you asked, and am far from expert, but I [I]think[/I] this would be something that would need to be pleaded and proved. I [I]think[/I] the relevant question would be something like [I]is the mark - the word mark TSR and/or non-word logos - a mark that distinguishes WotC's goods and services in the market into which they are being sold?[/I] I don't know in any detail how one goes about answering this question, especially when what is being sold is an entitlement to download an electronic file, and on the website itself it is WotC (not TSR) which is flagged as the seller of the file (TSR only appears on the "cover" of the file itself). But here's a [url=https://www.cohnlg.com/common-law-trademark-rights-and-the-internet/]blog[/url] that talks in general terms about ecommerce and US-law trademark rights. I've just checked out [url=https://www.drivethrurpg.com/product/226710/Star-Frontiers-Alpha-Dawn]the Star Frontiers page on DriveThruRPG[/url], and its available in print. I don't know what difference that makes - I [I]think[/I] not much because the cover of the book isn't encountered by the customer until [I]after[/I] the transaction has taken place, and so the cover of the book is not itself part of what distinguishes the book in commerce. But I can think of some arguments that might push against the previous sentence (eg I might come to your house and see your copy of Star Frontiers with the TSR logo and think about buying it for myself). [/QUOTE]
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"TSR Games is Back"... how come they can use TSR's logos?
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