Legal Question in Intellectual Property in Texas
Wizards of the Coast is the intellectual property holder of Dungeons And Dragons. In D&D, players can create characters to play the game with, and each character has a race. Some of the races are generic fantasy tropes like dwarfs and elves, something Wizards of the Coast can't possibly have any legal control over. But some of the races are specific to D&D only, one of these races is called a "Deva".
If someone makes and sells a "Deva" miniature, would Wizards of the Coast have any legal recourse to stop the creator or to ask for royalties?
1 Answer from Attorneys
As a franchise attorney I would say the answer depends on how closely related the "Deva" miniature is to the original one produced by by Wizards of the Coast. Just making something smaller is not a defense to trademark infringement. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Franchise Foundations APC
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