You have a wizard? That’s fine. That wizard smokes a pipe, you say? No problem, I can think of a few pipe-smoking wizards off the top of my Crimson Tide Dad shirt . He lives in a tower you say? (If it were a she, we might get out to stock character territory since, traditionally in literature at least, the stock wizard character is an old man. Want to better protect your wizard IP? Make your wizard diverse!) Well, lots of wizards live in towers. This wizard does a lot with fire magic? Probably okay. Oh, he’s also famous for using that fire magic to provide for others entertainment? I’m starting to think your wizard might be somebody else’s wizard under an assumed name. You tell me your wizard also makes a habit of embroiling hairy-footed food-loving midgets in adventures that will change the mystical geopolitics of the world? I’ve got something for you, and it’s a cease-and-desist letter from the J.R.R. Tolkien estate!
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The most famous case looking into this Crimson Tide Dad shirt is Nichols v. Universal Pictures Corp. (2d Cir. 1930) where Judge Learned Hand (real name) broke down the characters from Shakespeare’s Twelfth Night. A “riotous night who kept wassail to the discomfort of the household,” or a “vain and foppish steward who became amorous of his mistress,” are too general and allowing others to use the general idea is “the penalty an author must bear for marking them too indistinctly.” (45 F.2d 119, 121)