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- Newsgroups: misc.int-property
- Path: sparky!uunet!bcstec!plato!harvey!mavra
- From: mavra@harvey (Peter Adkison)
- Subject: Sued RPG company seeking advice
- Message-ID: <C17q3t.6II@plato.ds.boeing.com>
- Sender: nntp@plato.ds.boeing.com
- Organization: Boeing Defense & Space Group
- X-Newsreader: TIN [version 1.1 PL8]
- Date: Thu, 21 Jan 1993 16:35:52 GMT
- Lines: 51
-
- Greetings,
-
- I am with a roleplaying game company who was recently sued by a
- competitor for trademark infringement, trademark dilution, unfair
- competition, and copyright infringement. We have, I believe, good legal
- representation and, I feel, a strong case for our defense. The purpose
- of this post is to briefly describe the case and see if anyone has any
- suggestions on how to maximize our position.
-
- In April of 1992 we published a roleplaying game product called The
- Primal Order (TPO). This book (we're talking publishing here, not
- computer games) is not a complete roleplaying game in and of itself,
- but is rather what we call a *Capsystem.* Capsystems are designed to
- be supplements to existing game systems and require that you use them
- in conjunction with such.
-
- In order to explain how to use TPO, we printed "integration notes" on
- how TPO interfaces with 17 different roleplaying systems on the market.
- TPO itself was 244 pages long, and the integration notes took up, in
- total, only about 20 pages of the book (Appendix A). In addition, on
- the back of the book we listed the game systems that our product is
- compatible with. Underneath that listing we referred the reader to the
- appropriate page in our book where the trademark ownership listing could
- be found (page iv, I believe). On that page we listed what companies
- owned which games/trademarks, etc. In Appendix A we stated that the
- text was not developed with permission of those game companies, etc.
-
- At a summary judgement hearing last month we had two causes of action
- (there were six) thrown out, but it now looks like we're going to have
- to go to trial on the other four, primarily, we believe, because it was
- a non-evidentiary hearing and the judge was therefore not able to look
- at TPO and see that we'd done everything correctly.
-
- We've found a few cases that seem to support our position, but I've yet
- to find anything in the gaming industry, pariticularly in the
- roleplaying industry. Does anyone know of any cases along these lines?
- Any ideas or suggestions?
-
- Our attorney probably has things well in hand, but there's a lot at
- stake here and I'm inclined to do as much research and so forth on my
- own as I can just in case I happen to stumble onto something he hasn't.
-
- Thank you in advance,
-
- --Mavra!
- Peter D. Adkison
- Systems Analyst
- Boeing Defense & Space Group
-
- (Please e-mail me at mavra@wizards.com instead of the address in the
- header, or post publicly. Thanks.
-