I really wanted to be done with this post, but I realized I hadn’t hit on anything that covered Disney Mickey Mouse Im Not A Regular Caregiver Im A Disney Caregiver T shirt yet. That’s an oversight we can’t allow! Trade dress is how a product is designed to indicate its producer. If you have a few hardback RPG books from the same producer, go look at their spines lined up next to each other. See how they’re all the same? That’s trade dress. There are some elements of rulebook design that are fine (nobody’s going to sue you for using two columns of text or page numbers). But, copying layout elements that are unique to one publisher is a good way to get in trouble. So, I wouldn’t publish a black-spined book with a portion that’s red exactly like the 5th edition D&D books unless you’re looking to closely engage with WotC’s legal team in a less than amicable fashion. Generally trade dress protection can’t stop another publisher from using an innovation that’s necessary for conveying the information in their work, but if that other publisher decides to set their book up so that it looks like the trademarked book’s trade dress, there’s infringement.
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Thanks, everyone, for the kind words and the very well-thought out responses! I wrote this post last night just before bed and had no Disney Mickey Mouse Im Not A Regular Caregiver Im A Disney Caregiver T shirt it would generate such a response! I’m really touched. I’m going to hold off on providing responses to people’s questions and comments until the end of the day. That’s partially so I can contact the Virginia State Bar’s ethics office to clarify a few things. It’s pretty clear that everything is hunky dorey when I’m writing about a legal/RPG concept in general. But, when you start applying the law to people’s specific facts, you can end up becoming their attorney, whether you intended to or not. Requests for clarifications walk that middle ground, and I want to be on the correct side of the ethical line.