4

I don't see a TM symbol anywhere and some searches of the interwebs reveals nothing but laughing cats...

I'm not wanting to infringe, just not step on toes.

(Very big, powerful toes)

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    It's worth noting that WotC will only contact you if you are attempting to profit off of them. Personal use, such as making a work of art that uses the names or using them in a fan fiction, are perfectly allowed (as long as you do not sell that art or work of fiction.) – Aetherfox Oct 1 '19 at 19:36
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    The question title and the tag says "copyright", but the question body asks about "TM", which stands for "trademark", not copyright. – Acccumulation Oct 2 '19 at 4:17
  • For what purpose would you be using the names? This might be an XY problem, where you want to ensure you won't infringe for some purpose, but you're asking about trademark/copyright to determine that — that wouldn't always be an issue but in this case trademark or copyright are only a subsection of intellectual property law that might apply. – doppelgreener Oct 2 '19 at 10:09
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    If you have more questions about trademark law, then the best site to ask on is usually law.stackexchange.com – Philipp Oct 2 '19 at 11:37
  • thank you, @Acccumulation I did have that mixed up. Intent is to make colorful shirts of guild colors, which is probably OK if I don't have a guild name on it. – MarsJarsGuitars-n-Chars Oct 2 '19 at 12:46
10

It does seem that wizards has trademarked all of the guild names (list here), so I would avoid using them without express permission or a licensing agreement, as wizards could pursue legal action.

However, trademark is primarily for commercial endeavours, so if this is for personal use there shouldn't be an issue.

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    I would add that even personal use - if in a disparaging manner - might be grounds for a law suit if Wizards wanted to enforce a Cease and Desist order. – Forget I was ever here Oct 1 '19 at 22:28
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    They also seem to have trademarked the very word Magic, which seems entirely unenforceable. – Weckar E. Oct 2 '19 at 4:16
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    @WeckarE. maybe not - I'm not an expert, but I'm pretty sure that trademarks are use-specific. So a trademark on Magic means that they could sue other card games named Magic, but not books or movies or magic shows or anything else. And that's a scope that is narrow enough to be enforceable. – Arcanist Lupus Oct 2 '19 at 4:31
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    @WeckarE. a trademark is only applicable for a certain context. I imagine theirs is something like "board games". This protects them from somebody releasing a cheap knock off and calling it "Magic: the Collection". However, if you are, say, a loan shark and call your business "Magic: the Gathering" that should be fine as you are not in the business of board games. – VLAZ Oct 2 '19 at 4:50
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    @Weckar E., Other enforceable trademarks: Windows, Apple, Amazon, Monster, etc. – ikegami Oct 4 '19 at 21:53

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