Played some VTES with Paradox

drstrange26 wrote:

I just wanted to comment on a side note that the Deckmaster trademark is abandoned. Wizards of the Coast has no residual rights to that trademark.

The petition to revive this trademark was denied by the Trademark office on Apr. 25 1995.

That application would deal with trademark registration (in the USA). Unregistered trademarks exist in a variety of jurisdictions (including the USA), and can also attract protection. And you can still run into issues where another company thinks that you're trying to intimate to people that your product is theirs or endorsed by them, such as passing off, misappropriation etc.. Specific torts vary by jurisdiction quite a lot, but these don't necessarily require a trademark to be involved at all.

Unregistered trademarks do grant some rights in the area they produce the product. However it restricts many of the suing rights for repercussions for the Deckmaster trademark in federal court. In state courts specifically, about all they can do is send a cease and desist order. As at this time, I believe the print backing of M:TG has a TM and not a register symbol.

However, I want to say that if Wizards wanted to sue for production of this product, VTES. Then they would focus on artwork or icons that are explicit works of art and would still very much be there property. In all seriousness, I would send letters to both to Paradox and Wizards of the Coast with request for permission to reprint. Better to ask for permission in this case. If they deny permission, then you know they will be willing to sue.

I would also put a clause in the letter, that at any point that Wizards or Paradox wishes to begin printing of the product that reprinting would cease and current printer gains no rights in the reprinting process.

Small change to front of the card. Wizards of the Coast & WhiteWolf. Rights Reserved.
This allows that both parties have reserved rights for the art and creation. Just an idea.
There are hundreds of card printers in the states that if you are given rights will print for a fee.

I really think that this should be tackled seriously in order to keep the game in production. In all respect to V:EKN, I believe they have tried to work this through. I do however believe there are other options and it may be worth an honest open try.

drstrange26 wrote:

Unregistered trademarks do grant some rights in the area they produce the product. However it restricts many of the suing rights for repercussions for the Deckmaster trademark in federal court. In state courts specifically, about all they can do is send a cease and desist order. As at this time, I believe the print backing of M:TG has a TM and not a register symbol.

Unfortunately, US federal courts and US state courts aren't the only courts in which a claim might be issued. And while it is typically difficult to get foreign judgments enforced in the USA, there's no particular reason that any hypothetical future publisher would be based in the USA. And, for example, enforcing a judgment from one European(*) country in another European country is relatively straightforward


(*) Lugano Convention.

I do agree that the possibility of a European publisher is much higher given the popularity of VTES compared to here in the states. I think that is a major underlying issue with VTES is its rather lukewarm support from the masses in the US. Other CCG's really dominate. I would love to see the game back in a retail environment. For one of the few who saw the Keepers of Tradition for sale in a retail environment, I was excited with the quality and art of that set. I really would like to see Keepers of Traditions reprinted and even some of the latest 5/6 groups reprinted.