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nicewitch
Draconis Combine
Shujin
Joined: 29-Oct-2012 15:24
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Location: United States
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 Posted: 18-Apr-2013 21:34 Post subject: Don't use the word "Munchkins" derogatorily; don't get sued. |
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This is a heads up to all TW players: the word "Munchkins" is a trademark owned by Dunkin' Donuts. So the next time any of you encounter TW players that are munchy, don't call them "munchkins" derogatorily. In fact, given how some TW players have posted derogatory comments about munchkins and how we must not be sued by Dunkin' Donuts, I'd say it's way past time to post messages that encourage TW players to be munchkins. Whoever the most well known munchiest TW player is must be the playtester of all TW, TO, SO, IO, AToW, AToWC, etc. rules.
[Last edited by nicewitch on 19-Apr-2013 16:33; edited 2 times in total]
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Sleeping Dragon
Draconis Combine
Tai-i
Joined: 06-Apr-2005 00:00
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Location: Czech Republic
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| Posted: 19-Apr-2013 00:39 Post subject: Don't use the word "Munchckins" derogatorily; don't get sued |
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One of the dumbest things I heard after a while. Everyone knows that wen there is talking about bad munchkin players, it's relating them to [url="www.worldofmunchkin.com/game/"]these munchkins[/url] and aside from that there are munchkin cats and there's also a munchkin land in the realm of Oz.
So munchkin-like players are boring to play with unless you are enjoying them in a parody as mentioned above and I'd like to see a link to somewhere where there is a law suit against someone talking derogatively about munchkins 
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nicewitch
Draconis Combine
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Location: United States
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| Posted: 19-Apr-2013 09:08 Post subject: Don't use the word "Munchkins" derogatorily; don't get sued. |
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It's possible that the lawyers for Dunkin' Donuts are currently unaware of how their trademarked word "Munchkins" has been infringed upon. I went to a for profit college and I was told that the personnel there couldn't even use the trademark word "Windows" or "Microsoft". Simply put, if you start a for profit business and you use a trademarked word that belongs to another for profit business without their written permission, then you can be sued.
[Last edited by nicewitch on 19-Apr-2013 16:33; edited 2 times in total]
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Kraken
Federated Suns
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Joined: 04-Feb-2002 00:00
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Location: United States
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| Posted: 19-Apr-2013 10:18 Post subject: Don't use the word "Munchckins" derogatorily; don't get sued |
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MBA here.
Munchkin: The Card Game by Steve Jackson Games, with artwork by "Dork Tower" cartoonist John Kovalic (who, I might add, also did the artwork for Mattel's "Apples To Apples" game).
Even if Dunkin' Donuts knew about the use of the term for gaming, they'd be *incredibly* hard-pressed to actually file suit, as there is ample evidence to indicate that the term is both [1] commonly used in gaming, [2] has a use in gaming that pre-dates their new line of donuts, and [3] SJG has the term in a copyright they own.
A good judge would bounce any such suit as frivolous unless Dunkin' Donuts had *explicit* evidence indicating that some sort of infringement or defamation of character was intended.
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nicewitch
Draconis Combine
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Location: United States
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| Posted: 19-Apr-2013 15:47 Post subject: Don't use the word "Munchkins" derogatorily; don't get sued. |
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Burden of proof is on you, Kraken. Given how TW players have been conditioned to dislike munchkins by those that created TW, i.e., this guy Cray,
www.sarna.net/forums/showflat.php?Cat=0&Board=btmain&Number=78865&page=4&fpart=all
www.google.com/#hl=en&sclient=psy-ab&q=Cray+Munchkins+Sarna&oq=Cray+Munchkins+Sarna&gs_l=hp.3...1060.6666.0.6935.26.21.3.0.0.0.1121.6360.1j11j5j5-1j2j1.21.0...0.0...1c.1.9.psy-ab.GzRof6HAdMQ&pbx=1&bav=on.2,or.r_qf.&bvm=bv.45373924,d.dmQ&fp=7cce1b80136e3912&biw=493&bih=350
I'd say Dunkin' Donuts could very well have a legitimate claim. Also, it's well known that TW players don't take kindly very often to short people they call munchkins, and given how Dunkin' Donuts Munchkins are short in diameter, I don't think the lawyers of Dunkin' Donuts would be pleased with derogatory comments. Given how that TW takes place in the future that promotes the UN ceasing to exist, the development of right wing extremism, and lots of Jihadism and violence, and given the recent appointments of judges by the current President, I'd say that judge will, beyond a shadow of a doubt, not care what happens to TW.
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Karagin
Imperial Karagin Army
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| Posted: 19-Apr-2013 16:40 Post subject: Don't use the word "Munchkins" derogatorily; don't get sued. |
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I call full BS on this, like GW trying to take the words or title or idea of space marines and copyright it. The term has been around since sci-fi got started and munchkin has been around a lot longer then Dunkin' Dounuts, it has been used as term for small kids for several decades if not centuries as well used in the Wizard of Oz by Frank Brum....so yeah they have no leg to stand on.
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Karagin
Only the dead have seen the end of war. - Plato
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nicewitch
Draconis Combine
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| Posted: 19-Apr-2013 16:50 Post subject: Don't use the word "Munchkins" derogatorily; don't get sued. |
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| Karagin, copyright laws have "fair use" provisions. But trademark laws apparently don't or at least they're very restricted. That's why a for profit business can't use trademarked words of other for profit businesses. Do you understand?
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Karagin
Imperial Karagin Army
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| Posted: 19-Apr-2013 17:44 Post subject: Don't use the word "Munchkins" derogatorily; don't get sued. |
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They can't trade mark a common word, if that was the case then the word like "THE" would be trademarked for every major sporting team around the world. So no I don't see how anyone can be sued for Trademark infringement over how they use the word munchkin.
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Karagin
Only the dead have seen the end of war. - Plato
"Wasted trip Man. Nobody said nuthin' about lockin' horns with no tigers." Oddball
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nicewitch
Draconis Combine
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| Posted: 19-Apr-2013 19:11 Post subject: Don't use the word "Munchkins" derogatorily; don't get sued. |
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| Obviously they have been able to trademark the word "Munchkins". I don't know the full extent of trademark laws. If you want to know what can and can't be trademarked, then www.uspto.gov is a good place to start.
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Kraken
Federated Suns
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Joined: 04-Feb-2002 00:00
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| Posted: 19-Apr-2013 21:14 Post subject: Don't use the word "Munchkins" derogatorily; don't get sued. |
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Trademarks can only be acquired for limited categories.
Hence why SJG was able to get protection on the term for their card game.
Really, this is not an issue to be worried about. DD would lose far more than they would gain by ever trying to take the matter to court; not only would legal expenses be more than they could ever hope to get back in compensation, the negative press from the incident would sink them.
Again - MBA here.
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nicewitch
Draconis Combine
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| Posted: 20-Apr-2013 09:39 Post subject: Don't use the word "Munchkins" derogatorily; don't get sued. |
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| Kraken, please explain why Dunkin' Donuts would lose in court. I read on Heavy Metal forums a few months ago of how Heavy Metal products have been using, without permission, real life trademarks and that the owners of those trademarks most likely wouldn't sue as long as they weren't being defamed. It's not wise for a for profit business to use, without permission, the trademarks and copyrights of other for profit businesses. FASA did that with Big West's Robotech units and a lawsuit was brought against FASA.
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Kraken
Federated Suns
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| Posted: 20-Apr-2013 09:56 Post subject: Don't use the word "Munchkins" derogatorily; don't get sued. |
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The FASA / Harmony Gold lawsuit was a 100% different deal.
For that one, the people at FASA actually *did* get permission from Big West... in accordance with Japanese IP law.
That's right: FASA goofed and appealed to the wrong set of laws in determining how to get the rights to the images. Under American IP law, they needed to get permission from Streamline Pictures - and later, Harmony Gold - because they had the license to the source material for use in Robotech. The folks at FASA were apparently unaware of this, hence the lawsuits.
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chihawk
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| Posted: 20-Apr-2013 12:24 Post subject: Don't use the word "Munchkins" derogatorily; don't get sued. |
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This whole topic is total bullshit.
I'm tempted to lock this, but because it's so obviously the posting of someone that's either trolling or a total lunatic I think the best thing to do is just laugh at nicewitch.
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Sleeping Dragon
Draconis Combine
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| Posted: 20-Apr-2013 12:48 Post subject: Don't use the word "Munchkins" derogatorily; don't get sued. |
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Well, it should go to off topic, but otherwise I don't think that there was anything absolutely wrong going on around here. Just a little misguided fun really IMO.
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chihawk
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| Posted: 20-Apr-2013 12:54 Post subject: Don't use the word "Munchkins" derogatorily; don't get sued. |
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The issue is it's moronic. You couldn't call another food product a munchkin, but you could call just about anything else that. It's pretty much how trademarks work.
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