![tavern keeper rpg logo tavern keeper rpg logo](https://i.pinimg.com/originals/13/1c/11/131c110532a99a5b889db3c97100243c.jpg)
I have OSRIC in full size, trade paperback and the Player's Guide. Reply Deleteīelieve me when I say I have them all in dead tree format. If you need actual legal advice, consult a lawyer licenced to practice in your jurisdiction. So the deeper pockets often have a huge advantage in such matters. And even if you are legally correct, such actions can cost a lot of money, especially since in the US, unless the suit is considered egregious, legal fees generally cannot be collected as part of a court-mandated settlement. Of course, the actual validity of these matters can only be decided by a court. The exception is if you change the context of the piece, and that definitely doesn't apply here, since both works are being used as visual marks. Only actual goods and services can be protected by a trademark.Īs for copyright law, if you intentionally base a work of art directly on an existing work of art, even with making minor variations to it, it makes it a derivative work, which is still protected by the original copyright. Reusing old visual marks, even if drawn slightly differently, is not very strong protection as a result, as an uninformed person is likely to be confused as to the true source of the product.Īnd the requirement that the mark is applied to a product is vitally important in any discussion of trademark law. Remember that the golden test in court for trademark law is if an uninformed person would be confused as to the source of the product labelled with the mark. Apparently, either Justin can't tell the difference himself OR he's making yet another baseless legal claim in the hopes of gaining compliance via intimidation. Justin had all of the logos redrawn and the new ones differ slightly from the originals. What makes the group I highlight below extra interesting (aside from the fact they told Justin to effectively pound sand), is that Justin is claiming copyright for logos that are using the original classic era TSR logos that are still copyright by WotC. Justin apparently has a habit of throwing around baseless legal threats, like the ones he's been threatening the various Facebook Groups that have TSR in their name. I've been threatened with legal action over a half dozen times and I'm still here and I've never backed down.
![tavern keeper rpg logo tavern keeper rpg logo](https://s1.mzstatic.com/us/r30/Purple/v4/21/50/08/215008dc-7bae-ec03-4a95-1c30e6790376/mza_3167102229203777070.png)
General, baseless threats are the most surefire way to get my unwavering attention. Especially a threat that does not spell out my actual violations of the law. If you want me to draw a laser focus on you and your activities, if you want me to be the dog that bites down on your leg and won't let go, threaten me with legal action. I told her 'Tenkar knows where the line is and will gladly walk right up to it, but never cross it. As Frank Mentzer once told me, and I am paraphrasing: "My wife and I follow your Ken Whitman coverage closely, and she is often fearful that you'll get sued. These individuals also prefer to insinuate such actions, using phrases such as "you may be liable in court for your words" or "such actions may be costly in a court of law", although some have come right out and threatened to "sue your ass and take your house!" In Justin's case, it was: "Another thing their armchair lawyer you might want to be very careful you might get pulled into this very easily you know what character deformation, slander and even in some case fraud is? I suggest you stop picking sides and steering things could get costly to you to!!"Īlthough I take such threats seriously, especially as they have the potential to put myself and my family in financial difficulties, or worse, I do happen to understand the laws regarding slander, libel, and the like. The one with potentially deeper pockets threatens the one with perceived smaller pockets for making public questions or inferences or opinions with the hopes of shutting down such actions. This is why the VAST majority of threats of legal action are made. Instead, it was a simple attempt to intimidate me. I didn't back off and no such action was ever filed. The threat was certainly backed by a willingness to follow through if she had indeed thought she had a case, as she had already spent over six figures litigating the Gygax TM dispute with TSR 2.0. My first threat of legal action was from Gail Gygax, when I started digging into the fiasco known as the Gygax Memorial Fund. Here's a simple fact: I don't respond well to threats of legal action for asking questions and investigating events that are newsworthy in the gaming community. Alright, I figure it's time to address "the elephant in the room." I've heard differing theories as to why I seem to "have a hard-on" for Justin LaNasa, ranging from jealousy over his success, to his abrasive and insulting personality, to disagreements over social and political viewpoints and beyond.