Re: [Epic] New Game Grumbles

From: Joseph Looney <mlooney_at_...>
Date: Sun, 16 Mar 1997 09:30:32 -0600

Seth Ben-Ezra wrote:
>

> > On a related note, GW has trademarked "Eldar". Can they really do this?
> > The term Eldar has been used for Tolkiens elves since at least the
> > seventies, possible the fifties (I'm not sure if the term was used in Lord
> > of the Rings).
>
> YES!! Tolkien coined the name. It is the Quenya (Elvish) name
> that the Elves called themselves. That's what I've always thought
> funny about GW's future universe: it's essentially fantasy projected
> onto a sci-fi background.
>
Trademark's are only applied in "context".
Real world example. A company I used to work for (Voice Systems And
Services, Inc) made a voice mail system called the "Communicator". They
held the trademark for this word in the context of telephone central
office equipment. The Star Trek people held the trademake in the
context of small hand held wireless radio's. A 3rd company held the
trade mark in the context of computer cards (VSSI contested the 3rd
party because you could, in theory, do voice mail with that card, but
lost because it was not CO ready equipment).

Another example: The Coca-Cola company holds the trademark on "Coke" in
the context of "things to drink". They don't hold the trademark in the
context of "things that you burn in a blast furnance to make steel", no
body does, the term "coke" is in the public domain.

Given that Iron Crown HAS jumped on TSR about the use of the word
Hobbit, it is very likely that Eldar, as a term, is either
1) Covered only in the context of fantasy
2) a Middle or Old Engish word meaning Elf.

Given that in GW's fantasy game the same critters are called elves, my
bet is with number 1.
Received on Sun Mar 16 1997 - 15:30:32 UTC