From: mavra@cpac.washington.edu (Peter D. Adkison)
Subject: Re: Palladium/Wizards of the Coast Lawsuit
Organization: Wizards of the Coast, Inc.
	<BzFFsA.KKF@nic.umass.edu>
Date: Fri, 18 Dec 1992 01:49:22 GMT

In article <BzFFsA.KKF@nic.umass.edu> dunkelza@titan.ucc.umass.edu (KEITH C MCCORMIC) writes:

>       One note.  WotC should have stated on the cover, usable with the Palladium
>   Game system or any other Role-Playing system.

We did say that on the cover.  That's one of the things they're upset
at.  What we said is perfectly legal, but that doesn't stop them from
sueing.  We tried to get it thrown out of court on Monday, but that
attempt was only partially successful (2 of the 6 causes of action
were dismissed by the court).

>   Now if you have used any of their logos on your cover, you are
>   in deep ca-ca in that regard.

The only thing on the cover is the word "Palladium" along with the
names of several other games.

>   I would advise either getting a REALLY good
>   lawyer, or trying to settle the Trademark battle by offering to remove the
>   logos and paying whatever you can.

We have a really good lawyer.  We're willing to settle, but the only
settlement offer we've received would require us to "Consent to
Judgment", essentially admitting we're wrong.  But since we're no
wrong, I feel that I can't sign such a statement.  Not only would I be
lieing, I'd be setting a precedent, encouraging harassment of other
small companies.

>  Especially if you are sole-proprietorship
>   or partnership, because your personal assets can be called upon to pay any
>   fees you have.  A corporation is only liable for its own funds, not those of
>   its owners.  I would incorporate as soon as you can, this will protect your
>   homes, cars, etc.  

We are incorporated.

>      I have been looking into this legal crap for my own company, but since you 
>   are in trouble, and a fellow game designer (Although I don't like your choice
>   in systems to develop porducts for), I hope this advice helps you.

You don't like any of the 17 game systems that TPO is compatible with?
The goal is to publish material that is usable with a wide variety of
game systems--Palladium is just one of the 17 systems we inserted
integration notes for that describe precisely how to use TPO with that
system.

>  One thing
>   though.  You should try and develop your own, private system as soon as
>   possible.  Very few companies have succeeded by producing products for someone
>   else's game.

We have our own system--Talislanta.

TPO is part of our capsystem line, and we don't want to discontinue it
or cheapen it by not including helpful tips on how to use the material
with some of the better systems on the market.

>   Dunkelzahn
>
>     Note that I am not a lawyer, and therefore my advice should only be taken as
>   that between one businessman and another on a friendly level.  No professional
>   contract or agreement exists, real or imagined.  

Thanks, I appreciate your advise, and since everything ultimate goes
through our attorney don't worry about giving me bad advice--I'm sure
he'll catch anything out of the ordinary.

				--Mavra!
				  Peter D. Adkison
				  Janitor, Wizards of the Coast
				  mavra@wizards.com

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