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BRP Interplanetary


Jason D

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How long along are you now Jason? Looking forward to it! :)

Sorry for the delay here. It got sidetracked with some life stuff (promotion at work, buying a house, etc.) and some competing manuscripts that had to take priority, but I am still working on it. It's somewhere around 65% done, and will probably get cut back a little bit when I take my self-editing shears to it.

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Good. This new John Carter thing looks cool, maybe we could use this to give BRP some spotlight?

Hmmm, does anyone have the RPG rights for JC of Barsoom yet?

I have heard that they were basically unavailable as of several years ago. I doubt that Disney has much interest in licensing them, considering how little they'd make.

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I really wonder why all this happens, that is companies not licensing their IP for other media at all. It has happened to me even for media that is published on YouTube only (!)

Some of the books are in the public domain in the US. Is "John Carter" a trademark of someone (ERB estate, I suppose, rather than Disney)? I mean, it is a person's name, and there must be thousands of JC in the US and Britain. I think you could even include quotes of the books in the text as they are PD.

Proud member of the Evil CompetitionTM

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I really wonder why all this happens, that is companies not licensing their IP for other media at all. It has happened to me even for media that is published on YouTube only (!)

Some of the books are in the public domain in the US. Is "John Carter" a trademark of someone (ERB estate, I suppose, rather than Disney)? I mean, it is a person's name, and there must be thousands of JC in the US and Britain. I think you could even include quotes of the books in the text as they are PD.

Someone was doing an "official" d20 adaptation about five or six years ago, but I do not think anything came of it. It looked very amateurish.

Adamant Entertainment's Mars book (for d20 and Savage Worlds) is excellent, but I seem to remember very early some trouble with the Burroughs Estate over some art issues looking too Barsoomian. If I remember correctly, they changed the art and all was kosher.

Oh, and I just found this: http://rpg.drivethrustuff.com/product_info.php?cPath=3908_4688&products_id=51403&affiliate_id=29353

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I have heard that they were basically unavailable as of several years ago. I doubt that Disney has much interest in licensing them, considering how little they'd make.

How does it work vis a vis licensing and works that in the public domain ? if they're in the public domainwhy can't people use them if they want to ? That's not a complaint by the way just curiousity about how it all hangs together from a legislative point of view.

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I think it is related to trademark law. John Carter and Barsoom are trademarks of ERB Inc. or something like that. Same with Tarzan.

Correct. The book has gone into public domain in regard to copyright, but certain names and terms can be trademarked, which can remain in force indefinitely as long as the holder enforces its trademark.

from http://en.wikipedia.org/wiki/Public_domain#Public_domain_in_trademarks

Public domain in trademarksA trademark registration may remain in force indefinitely, or expire without specific regard to its age. For a trademark registration to remain valid, the owner must continue to use it. In some circumstances, such as disuse, failure to assert trademark rights, or common usage by the public without regard for its intended use, it could become generic, and therefore part of the public domain.

Because trademarks are registered with governments, some countries or trademark registries may recognize a mark, while others may have determined that it is generic and not allowable as a trademark in that registry. For example, the drug "acetylsalicylic acid" (2-acetoxybenzoic acid) is better known as aspirin in the United States—a generic term. In Canada, however, "aspirin" is still a trademark of the German company Bayer. Bayer lost the trademark after World War I, when the mark was sold to an American firm. So many copy-cat products entered the marketplace during the war that it was deemed generic just three years later.[30]

Doing a trademark search at the United States Patent and Trademark Office web site shows:

Barsoom is a dead trademark

"John Carter", however, is still trademarked. As is "John Carter of Mars".

"John Carter, Warlord of Mars", interestingly, is a dead trademark that lapsed in 1996.

Trademarks apply not only to names, but also certain images, toys, products, etc.

For example, the "John Carter" trademark applies to:

IC 009. US 021 023 026 036 038. G & S: motion picture films featuring science fiction and adventure; video recordings featuring animated cartoons, personal stereos; bicycle helmets; sports helmets; sunglasses; protective eyewear; decorative magnets; musical sound recordings; video recordings of motion pictures; computer game software; video game software; virtual reality game software; computer software and downloadable software featuring interactive stories, music, and animation; downloadable screensaver software; gaming machines; slot machines

IC 016. US 002 005 022 023 029 037 038 050. G & S: stationery; series of fiction books; bookmarks; comic books; talking children's books; children's books; photographs; pencil cases; decorative pencil top ornaments; notebooks; note paper; binders; book covers; trading cards; greeting cards; desk pads; blotters; pencil cups, holders for stationery; paper party favors; paper party decorations, namely, paper napkins, paper doilies, paper place mats, crepe paper, paper hats, invitations, paper table cloths, paper cake decorations; stickers; pens; pencils; crayons; markers; pastels; wrapping paper; paper bags; paper gift bags, art prints; posters; calendars; photograph albums and trading card albums

IC 025. US 022 039. G & S: clothing, namely, shirts, t-shirts, sweatshirts, jogging suits, trousers, pants, shorts, tank tops, rainwear, skirts, blouses, dresses, suspenders, sweaters, jackets, coats, raincoats, ponchos, snow suits, neckwear, robes, belts, scarves, sleepwear, underwear, swimwear, and masquerade and Halloween costumes; footwear; headwear

IC 028. US 022 023 038 050. G & S: mechanical and electric action toys; toy water globes; bath toys; bendable toys; children's multiple activity toys, construction toys; drawing toys; fantasy character toys; inflatable toys; non-riding transportation toys; party favors in the nature of small toys; rubber and plastic character toys; plush toys; pop up toys; ride-on toys; sand toys; squeeze toys; talking toys; water squirting toys; toy vehicles; toy weapons; toy animals; collectable toy figures; disc toss toys; flying discs; punching toys; toy model hobbycraft kits; wind up toys; hand held unit for playing electronic games; hand held unit for playing video games; trading card games; action skill games; arcade games; board games; card games; stand alone video game machines; paddle ball games; parlor games; party games; pinball games; role playing games; target games; dolls; puzzles; beach balls; sport balls; skateboards; toy scooters; play tents; toy watches; costume masks; Christmas tree ornaments; playing cards

IC 041. US 100 101 107. G & S: amusement parks; amusement centers; children's entertainment and amusement centers, namely, interactive play areas; educational services, namely, conducting on-line exhibitions and displays and interactive exhibits in the field of cinema, science fiction, astronomy and planetology, educational services, namely, conducting classes and workshops in the field of cinema, science fiction, astronomy and planetology, educational services, namely, conducting classes and workshops in the field of cinema, science fiction, astronomy and planetology, entertainment services, namely providing on-line computer games; fan clubs; on-line fan clubs; online electronic publishing of books and magazines in the fields of science fiction and adventure; entertainment services, namely, providing entertainment information in the field of motion pictures and computer games, all online via a global computer network; publication of books, magazines, and comic books; rental of motion pictures; entertainment in the nature of a dramatic television series, entertainment in the nature of a children's television series, entertainment in the nature of an animated television series, entertainment in the nature of live performances by costumed characters, entertainment services in the nature of an amusement park show

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Christian Conkle

Blogs: Geek Rampage! - Swords of Cydoria - Exiled in Eris

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Cool. One could just hope that someone in the US (Charlie?) just sees this and registers Barsoom as his own Trademark.

No, once it lapses, it becomes generic. No one can trademark it after that. Barsoom has become generic. At least as how I understand it. Be aware that I am not a trademark attorney and am not an expert on copyright or trademark law, though I have researched the topic for my own purposes.

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Christian Conkle

Blogs: Geek Rampage! - Swords of Cydoria - Exiled in Eris

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Actually, since the books were also copyrighted separately in the UK, they are still under UK copyright, and therefore protected pretty much world wide by the Berne Convention for the Protection of Literary and Artistic Works. Also, I believe in the US only the first five novels have fallen into the public domain.

Ian

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It's going well and my hope is to have the MS to Chaosium in the next couple of months.
This is excellent news! I'll admit that every time I hear someone mention that upcoming Disney thing I have a little pain behind my eyes over the fact that Interplanetary isn't here yet.

I, for one, am glad though that it's not just an ersatz-Barsoom setting but an actual sourcebook for the genre.

Official licenses (other than CoC) kind of give me the willies... our group recently started up a Star Wars campaign and I'm already getting my hackles up in preparation for the GM inserting setting elements/characters that are 'untouchable'... as opposed to making it our own and stomping canon into the mud if we see fit.

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If that was the truth, then HeroQuest and RuneQuest would be generic, too.

Unfortunately, all of this is mere speculation.

Yes and No.

Runequest is still a registered trademark for "printed games books featuring game rules and supplements in the nature of fiction stories and related writings and text in the nature of printed books containing any combination of supplemental game rules, fictional background materials, and fiction stories." owned by Issaries, Inc. CORPORATION CALIFORNIA 1050 10th St. Arcata CALIFORNIA 95521

Live/Dead Indicator LIVE

Now, Runequest for use in video games is a dead trademark. "(ABANDONED) computer programs, namely, game software for use on computers and video game players; prerecorded CDs and DVDs featuring sound and video in the fields of music, live action programs"

And the original Runequest logo is a dead trademark.

post-1147-140468075009_thumb.gif

That is NOT speculation. It's from a TESS search at http://www.uspto.gov/trademarks/index.jsp

Heroquest is a mixture of living and dead trademarks.

There are three living trademarks.

One for "Role playing game equipment in the nature of game book manuals" is trademarked by Stafford, Francis Gregory INDIVIDUAL UNITED STATES 1050 10th St Arcata CALIFORNIA 95521.

Another Heroquest is trademarked for "Arranging professional workshop and training courses; Computer education training services; Digital imaging services; Educational examination services; Electronic publishing services, namely, publication of text and graphic works of others on CD, DVD and on-line featuring computer games; Entertainment and educational services in the nature of on-line competitions in the field of entertainment, education, culture, sports, and other non-business and non-commercial fields; Entertainment information; Entertainment services, namely, providing brain training games on-line and in mobile wireless form; Entertainment services, namely, providing on-line computer games; Entertainment services, namely, providing online electronic games; Organisation of sports competitions; Organization of exhibitions for cultural or educational purposes; Publication of books; Publication of electronic magazines; Publication of texts, books, magazines and other printed matter; Publishing of electronic publications; Social club services, namely, arranging, organizing, and hosting social events, get-togethers, and parties for club members" out of Singapore.

And a third Heroquest is trademarked for "Computer game programs; Computer game software; Computer operating programs, recorded; Computer peripheral devices; Computer programs for pre-recorded games; Computer programs recorded on data media (software) designed for use in construction and automated manufacturing (cad/cam); Computers; Downloadable computer programs featuring positionable game piece figures for use in the field of computer games; Downloadable electronic publications in the nature of magazines in the field of computer games; Electronic pocket translators; Electronic test and measurement devices for use in the fields of networks and telecommunications, namely, instrumentation used to test and certify new and existing data and voice communication cable and coaxial cable", also out of Singapore.

The Issaries trademark for the Heroquest logo is dead.

The old Games Workshop trademark for Heroquest and Advanced Heroquest are both dead.

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Christian Conkle

Blogs: Geek Rampage! - Swords of Cydoria - Exiled in Eris

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If an expired TM is forever dead, how could he do this?

I do not remember the precise dates, but it seems to me that there were

less than twenty years between the Avalon Hill trademark and the time

Greg trademarked RuneQuest, so at least according to our law the trade-

mark would not have been dead.

"Mind like parachute, function only when open."

(Charlie Chan)

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