Subject: [FFML] Re: [Spam] Answer to Weis & Hickman!
From: Scott Schimmel
Date: 2/19/2000, 7:07 PM
To: Rebeka Thomas
CC: ffml@fanfic.com

At 06:10 PM 2/18/00 -0500, Rebeka Thomas wrote:
THIS:

;  Any
;  monster, place, or character found in classical literature or general
;  mythology is not covered under TSR trademark and, therefore, may be
;  used. However, be careful not to copy characteristics that are
;  specific to TSR's descriptions.

is a load of crap.

Not really, you're just looking at it too narrowly.

T$R would be legally required to mark in ALL materials which 
characteristics of such things were contrived by them if they 
even want a PRAYER of a chance at enforcing this particular clause.

Not necessarily.  They just have to prove a likely influence.  For
instance:

* You have a dragon in your fanfic.  You're okay.

* You have a blue dragon in your fanfic.  You're still okay.  The
color isn't enough of a defining trait.

* You have a blue dragon in your fanfic that breathes lightning.
Now you're starting to get into more questionable territory, but
it's hardly an ironclad case.

* You have a blue dragon in your fanfic that breathes lightning,
lives in the desert, has X specific life cycle, Y specific ecology,
and Z specific physical characteristics that match TSR's "blue
dragon".  They've got a pretty good case, if they want to claim
infringement.

In other words, they can't trademark mythology, and they can't
usually trademark a single characteristic, but they -can-
trademark a concept which includes several defining and unique
characteristics.

(In another instance, Marvel Comics had trademarked the concept
of a big, strong, tough guy named "Hulk".  It held well enough
that the wrestler Hulk Hogan had to reach some sort of agreement
with Marvel in order to use that name...)



Scott Schimmel            Ex ignorantia ad sapientium;
                          Ex luce ad tenebras
"You really aren't normal, are you?" - Miki Koishikawa


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