Themberchaud is a total Empires of blood rip off!

[Exo357]

The new D&D movie trailer has a bunch of people talking about Themberchaud, the festively plump red dragon from the 5e “Out of the Abyss” book, which came out in 2015. No one seems to notice that it was a TOTAL Empires of Blood rip off, which came out in 2010. What the hell!?! That’s copy right infringement, no? Rich gotta drop a big old law suet chonkier than her royal widnesses beautiful backside on WotC

[Fyraltari]

The new D&D movie trailer has a bunch of people talking about Themberchaud, the festively plump red dragon from the 5e “Out of the Abyss” book, which came out in 2015. No one seems to notice that it was a TOTAL Empires of Blood rip off, which came out in 2010. What the hell!?! That’s copy right infringement, no? Rich gotta drop a big old law suet chonkier than her royal widnesses beautiful backside on WotC

I don't think you can really trademark "fat red-skinned dragon".

[Dame_Mechanus]

I don't think you can really trademark "fat red-skinned dragon".

He wouldn't have to trademark her, he'd need the copyright! Notably different.

That being said, it's not a great copyright claim either unless Themberchaud is a puppet ruler installed by mortal advisors who specifically eats because he thinks that getting bigger will make him more powerful. Especially since Hasbro would be able to point out that the whole notion of how dragons work in this comic is based on their IP in the first place.

[KorvinStarmast]

Especially since Hasbro would be able to point out that the whole notion of how dragons work in this comic is based on their IP in the first place.

I second this motion.
Howard Johnson Dame_Mechanus is right

[Dame_Mechanus]

I second this motion.
Howard Johnson Dame_Mechanus is right

I'm sorely tempted to sig this.

[Potatopeelerkin]

There is no such thing as an original thought.

Imagine how few things you could write if you couldn't have characters that vaguely resemble characters from other pieces of media. I mean, there are so many characters in Order of the Stick alone, let alone every other webcomic and game and movie and book... the existence of another fat red dragon is not even approaching a copyright infringement issue.

[Precure]

Fat dragons precede the both, just look at DeviantArt.

[Dame_Mechanus]

Fat dragons precede the both, just look at DeviantArt.

Fat dragons precede the both, and fat babies have no pride.

[aldeayeah]

He wouldn't have to trademark her, he'd need the copyright! Notably different.

That being said, it's not a great copyright claim either unless Themberchaud is a puppet ruler installed by mortal advisors who specifically eats because he thinks that getting bigger will make him more powerful. Especially since Hasbro would be able to point out that the whole notion of how dragons work in this comic is based on their IP in the first place.

Man the Spooooky Wizard who lives by the Coast should hire you instead of Mr. Jones and Mr. Phil Rodriguez.

[Fyraltari]

He wouldn't have to trademark her, he'd need the copyright! Notably different.

Meh, (civil law vs common law) + (language barrier) + (minimal law schooling) = imprecise wording to be expected.

[KorvinStarmast]

I'm sorely tempted to sig this.

With my blessing, by all means do so.

[Dame_Mechanus]

Meh, (civil law vs common law) + (language barrier) + (minimal law schooling) = imprecise wording to be expected.

Oh, please forgive me if that came across as if it were any sort of slight or insult; regardless of any language barrier, the terms are frequently (and incorrectly) used interchangeably by lots of people as if they were analogous concepts. My intent was to educate, not dismiss or insult, always.

To compress a whole lot of stuff into a rather inaccurate but still broadly applicable summary, trademark refers to names, terms, and logos that are used to market a product (i.e., a mark of your trade) and has nothing inherently to do with the content of those works. Copyright, meanwhile, refers to the ideas within those works and the concepts contained thereupon. You'll note that The Order of the Stick is trademarked, for example, but that trademark doesn't apply to the contents of the strip, just to the logo and the name itself within this particular sphere. If someone made another comic called The League of the Branch, that wouldn't infringe on trademark, but if it starred a dark-skinned bald human warrior in blue armor with a green-hilted sword named Ray Gronhilt... well, that's a copyright case right there.

It's all very complicated which is why lawyers charge a great deal of money to successfully pursue these cases.

Man the Spooooky Wizard who lives by the Coast should hire you instead of Mr. Jones and Mr. Phil Rodriguez.

This would be a bad idea as I have not passed the bar and am not authorized to practice law anywhere, nor have I paid the Giant nearly enough money to be entitled to even a tiny cameo in his comic. Understanding the broad strokes of law due to research because I love learning about things does not qualify me to practice it in a professional setting.