Re: [pbmserv] Broadcast from slipsits via PBM Server

[Robert Barrell <games@rdbhn.org>]

Mark Steere wrote:
> If your owl looked exactly like their owl, there might be cause for 
> concern.  You'd have to go out of your way to copy their owl to incite 
> claims of infringement. 
>  
> If you were to use an original, unique owl image in association with 
> gaming, nobody in their right mind would sue you.  They could 
> potentially be countersued for filing a frivolous lawsuit and receive 
> a judgement awarding you treble damages.
It would be pretty unlikely that ANY mascot chosen (if one is chosen) 
had not already been used by SOMEONE in SOME capacity - indeed, multiple 
times.  The owl has been used as the trademark for all kinds of 
educational materials, none of which uses were infringements because 
they were quite different from each other.  The bee has been used not 
only in connection with spelling, but also on numerous honey products.  
Of course, just about any animal/mascot has already been used by one or 
more sports teams, pro, college, high-school, etc.  Thus, unless you 
plan on copying or scanning an existing image without, instead, creating 
an original image, you should have no problems.