ICV2 has some more information on the relaunch of TSR Games. It appears the company recruited two of Gary Gygax's sons as principals in the company so they could use the Gygax name in conjunction with the relaunch of the company as the name E. Gary Gygax remains the property of the Gygax Estate, under control of his second wife Gail.
Trademark law only allows you to use a name controlled by someone else as a business trademark if it is your own original name. Ergo, it would be very difficult to name a restaurant McDonalds and have it hold up in court legally, unless your name was McDonalds to begin with. You are always allowed you to use your given name as a business name without fear of trade or service mark infringement. Once you call it something else though, you open yourself to legal repercussions, such as the years of lawsuits between Apple Computer and the Beatles' Apple Studios.
Trademark law only allows you to use a name controlled by someone else as a business trademark if it is your own original name. Ergo, it would be very difficult to name a restaurant McDonalds and have it hold up in court legally, unless your name was McDonalds to begin with. You are always allowed you to use your given name as a business name without fear of trade or service mark infringement. Once you call it something else though, you open yourself to legal repercussions, such as the years of lawsuits between Apple Computer and the Beatles' Apple Studios.
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