GreyGhostGames

Questions about Fudge Trademark License

Questions about Fudge Trademark License

Hello,

I am new here, in this forum. I wasn't sure where to put this, so I put it here.
I have some stupid newbie questions about Fudge Trademark License.

I am interested about Fudge system, but I don't quite understand Fudge Trademark License terms, is there "plain English" version available?

So, if I create a Fudge-based product, put a Fudge logo on it, then publish it, then few months after I make a critical error, and manage to break those terms. Grey Ghost Press will send me a LETTER? seriously? No e-mail, no text messages, no phone calls?... and what if I fail to cure the breach? Trademark License tells me to destroy all marketing material in my inventory bearing the logo? what in exactly is "inventory"? can I keep a single copy for personal use? Can I obtain more copies later on, from, say, e-bay or rpgnow.com?

Administrator has disabled public posting. Please login or register in order to proceed.

Re: Questions about Fudge Trademark License

As it seems likely that nobody else will answer, I will give my completely unofficial opinion.

Firstly, Grey Ghost/Ann simply want to make something available to the community (the Fudge System Logo) that is strictly copyright to her/GG. The FSTL simply states what you can use it for.

Going though the FSTL in plain English:

1. By using the logo, you agree to accept the terms of the FSTL.
2. The trademark still belongs to Grey Ghost
3. You agree not to contest Grey Ghost's ownership of the logo
4. It has to be a Fudge-based product, you can't use any other Grey Ghost logo/trade mark
5. Just because Fudge is released under the OGL the logo isn't.
6. You can't register the trade mark as yours in any country. You can't claim that Grey Ghost approves of your game, or that you are associated with Grey Ghost.
7. If you use the logo and some legal costs come up from your game (virtually nil I would say) Grey Ghost is not responsible for them.
8. If you don't follow the above terms then Grey Ghost will email AND write to you (possibly a legal requirement for a US-based company to show they have acted properly if it was ever to come up) and you will be in breach of the contract/licence.
9. If you are in breach, then you must destroy all stock (inventory in US English) of books, advertising or other printed material you have. You also have to remove the logo from your website and all other electronic places you may have used it.
Grey Ghost can also ask you to do the above if they want.
10. Grey Ghost just give you the logo file, they don't have anything else to do with your product.
11. Grey Ghost can change the licence as they wish.
12. US law governs the licence.

It is then finished with how you are allowed to use the licence.

I think it boils down to - freely use the Fudge logo on a Fudge related product, but don't use it on anything that would damage Fudge or Grey Ghost's reputation. For example don't produce something that would offend people and then put the logo on it.

The Convenient Skill
Swashbuckling Fudger
useravatar
Offline
21 Posts
Website 
Administrator has disabled public posting. Please login or register in order to proceed.

Re: Questions about Fudge Trademark License

Hello,

Thank you for your reply. The 9th part is still unclear.
Destroy all printed materials? Can I have new copies later on?

The Convenient Skill wrote:

9. If you are in breach, then you must destroy all stock (inventory in US English) of books, advertising or other printed material you have. You also have to remove the logo from your website and all other electronic places you may have used it.
Grey Ghost can also ask you to do the above if they want.

Administrator has disabled public posting. Please login or register in order to proceed.

Re: Questions about Fudge Trademark License

First off, sorry I've been Missing in Action.... dealing with some health problems that limit my activities.

Secondly: Thank you, Zyrtach, for asking this question! Some people using the Fudge system for products for distribution (free or otherwise) don't ask for clarification on either the Open Game terms or the Fudge System Trademark License terms.  The most common mistake I see from publishers using Fudge under the Open Game License terms is failing to properly update Section 15... which should include the PUBLISHER'S copyrights details as well as the appropriate copyright notices from the other copyright holders of the material used. I would much rather people ask BEFORE they release a product....

Thirdly: Thank you, The Convenient Skill, for answering the question -- and being spot on with your "plain English" interpretation of the Fudge Trademark License.

And lastly: If you are worried about the terms of the Fudge System Trademark License, don't use the Fudge logo! You can still create and publish Fudge material under the Open Game License. The Fudge System Trademark License is essentially a way I can a) keep rights and control in the use of the logo and b) make sure that anyone using the logo is actually honoring the terms of the OGL as well as the FSTL.

Does that help?

Ann Dupuis
Grey Ghost Press, Inc.

Administrator has disabled public posting. Please login or register in order to proceed.

Re: Questions about Fudge Trademark License

Zyrtach wrote:


Hello,

Thank you for your reply. The 9th part is still unclear.
Destroy all printed materials? Can I have new copies later on?

Again, my semi-informed opinion is basically no. If you were to produce something that Grey Ghost/Ann didn't like (maybe pornographic or some other objectionable content just as a possible example) then by using the logo/licence you should destroy everything you have and not produce it again in the future.

Clearly I cannot speak for Ann/Grey Ghost (nor should I), but I guess 99% of the usage of the logo is absolutely fine, just adhere to the guidelines in the latter part of the licence about placing etc.

If I had to give any advice (again uninformed) then if you can imagine a parent picking up your finished game and feeling they could show it to, and play it, with their young children you should be easily fine. If not, think why not, and decide if it's worth it.

It would probably help if we knew what your possible product was, a 'basic' fantasy game is unlikely to cause any offence. Your not going to lose your idea by letting it out, it takes a lot of effort to get anything in print! I should know...

The Convenient Skill
Swashbuckling Fudger
useravatar
Offline
21 Posts
Website 
Administrator has disabled public posting. Please login or register in order to proceed.

Re: Questions about Fudge Trademark License

Use of the logo is free, but comes with some restrictions.

Those restrictions include a way for Grey Ghost Press (i.e. me) to stop you from legally selling (or giving away) a product you created with the Fudge logo on or in  it that is in violation of the terms of the Fudge System Trademark License agreement.

Yes, that means you would have to destroy any printed copies. Digital copies are a bit harder -- the license agreement was written before PDFs online were anything but pirated copies, which are illegal anyhow. But you'd have to stop selling them via the usual suspects (rpgnow and crew) -- if I ever /did/ issue a breach of contract letter to someone using the Fudge System Logo inappropriately, I'd look there to make sure they weren't blatantly still selling the digital versions.

You could produce more product at a future time IF you remedied the breach of contract.

One way to remedy the breach of the FSTL agreement is to stop using the logo.... As  long as you were not /also/ in breach of the Open Game License, you could continue to distribute / sell / etc. after removing the logo from all forms of the product you're publishing / distributing / selling.

Does that help?

Ann Dupuis
Grey Ghost Press, Inc.

Administrator has disabled public posting. Please login or register in order to proceed.

Re: Questions about Fudge Trademark License

Hello,

Thank you for this information, it truly helps.

Administrator has disabled public posting. Please login or register in order to proceed.
There are 5 guests and 0 other users also viewing this topic

Board Info

Board Stats
 
Total Topics:
229
Total Polls:
0
Total Posts:
1140
User Info
 
Total Users:
1835
Newest User:
Stashhound
Members Online:
0
Guests Online:
113

Latest Posts

Hello, Thank you for this information, it...
Use of the logo is free, but comes with some...
Again, my semi-informed opinion is...

Dice Roller

 
 
 
 
Settings...
Color: 
Number: 
Done

Member Login