However, the solution adopted by D&D all those years ago also applies.

improperly trading on the reputation of the other brand to improve their own sales. They are argued to be representative of the 'D&D brand' and thus use of those monster names by others would be like a new soft drink copying Coca-Cola's logo.

The various 'iconic monsters' are the same issue. TSR did a quick rewrite to 'halflings', 'treants', 'wraiths', 'balor', and so forth to avoid violating trademark (not copyright) on the specific creature names. Zaentz, who had acquired the rights to The Hobbit and The Lord of the Rings, sued TSR claiming infringement for 'hobbits', 'ents', 'nazgul', 'balrogs', and various other things. as first established in the very Tolkien Enterprises (aka Saul Zaentz) vs TSR suit you refer to. If it seems odd, understand they got sued for wanting to have 'hobbits' in their games thus the birth of halflings.Īctually, it is impossible to 'copyright' a fantasy race. Thalin wrote: Gelatinous Cubes, Troglodytes, Beholders, and a few other 'made up' DND creatures are considered 'iconic' and copyrighted by DND.

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