Teejay Gatsby
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Thinking Monk Studios is a new, family owned business, dedicated to quality and beauty. Recently, we launched a Kickstarter for our first project, and one-of-a-kind solid wood board that can be used for Catan. We are already over 200% funded, which was surprising to me because we did virtually zero pre-marketing. What we are making is not your everyday cheap plywood board. You won't find any other board with the quality we are giving you, and we only plan on getting better.





We have just over a week left, and a lot of awesome ideas in the works. We are current offering the original game, plus the 5-6 player expansion, as well as seafarers and the seafarers 5-6 player expansion! We have the water, and the gold tiles, as well as those funny shaped edges.



We have also just added 6 player pouches, that will be made of faux leather, a card holder, and a box to hold everything in. Both the card holder and the box will be made from solid wood as well. These are items that you can add to your order, and, so long as you buy any of the pledges that come with a board and edges, you don't have to pay any extra shipping for any of the add-ons!





After this Kickstarter, we are going to be making more wooden board games, and we hope to reach out to a few indie game makers and become their official wooden board makers. We are also going to be taking votes for our next Kickstarter on what games our followers want to see made into a wooden board, and we are going to try and do 3 games at once. So even if games like Catan are not your thing, you might end up seeing your favorite game turned into a wooden, artistic masterpiece in the near future. For more info, check out our Kickstarter link below.
https://www.kickstarter.com/projects/1959176622/collectors-h...

Facebook
https://www.facebook.com/ThinkingMonk/

Blog
https://teejaygatsby.wordpress.com/2017/02/04/wooden-catan-b...
 
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Tim Harrison
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North Ridgeville
Ohio
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Re: Collectors Wooden Catan Board - Thinking Monk Studios - 200% funded and going!
I don't see anything about receiving permission to use the Catan brand. The "disclaimer" isn't going to do it. Unless this is licensed, the publisher should expect a cease and desist from Asmodee, aka Catan Studio. They've already shut down many other projects like this, including ones that have already been funded and completed.
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Teejay Gatsby
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Re: Collectors Wooden Catan Board - Thinking Monk Studios - 200% funded and going!
There is no need for our work to be licensed. We are not selling the actual game, just a board to be used with it. You are still required to buy the game from the publisher in order to use our accessories. Under the Nominative Fair Use, this is allowed, so long as we don't use the name of the original publisher outside the use of describing our product. Below is a link detailing the differences and permissions for fair use of trademarks. I've pasted a portion from the article below, which should help explain it a little better.

http://www.inta.org/TrademarkBasics/FactSheets/Pages/Fair-Us...

"Nominative fair use permits use of another’s trademark to refer to the trademark owner’s actual goods and services associated with the mark. Nominative fair use generally is permissible as long as (1) the product or service in question is not readily identifiable without use of the trademark, (2) only so much of the mark as is reasonably necessary to identify the product or service is used and (3) use of the mark does not suggest sponsorship or endorsement by the trademark owner."

For an example similar to ours:

"Use of the GILLETTE trademark by a third party, to indicate that its blades are compatible with Gillette’s handles, will not infringe Gillette’s rights, irrespective of the blades’ being an essential part of the whole product (razors) and not a mere spare part or accessory, provided the use is necessary to indicate the intended purpose of the product and is made in accordance with honest practices in industrial and commercial matters."

 
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Duncan Idaho
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River Vale
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Re: Collectors Wooden Catan Board - Thinking Monk Studios - 200% funded and going!
TeeJay Gatsby wrote:
There is no need for our work to be licensed. We are not selling the actual game, just a board to be used with it. You are still required to buy the game from the publisher in order to use our accessories. Under the Nominative Fair Use, this is allowed, so long as we don't use the name of the original publisher outside the use of describing our product. Below is a link detailing the differences and permissions for fair use of trademarks. I've pasted a portion from the article below, which should help explain it a little better.

http://www.inta.org/TrademarkBasics/FactSheets/Pages/Fair-Us...

"Nominative fair use permits use of another’s trademark to refer to the trademark owner’s actual goods and services associated with the mark. Nominative fair use generally is permissible as long as (1) the product or service in question is not readily identifiable without use of the trademark, (2) only so much of the mark as is reasonably necessary to identify the product or service is used and (3) use of the mark does not suggest sponsorship or endorsement by the trademark owner."

For an example similar to ours:

"Use of the GILLETTE trademark by a third party, to indicate that its blades are compatible with Gillette’s handles, will not infringe Gillette’s rights, irrespective of the blades’ being an essential part of the whole product (razors) and not a mere spare part or accessory, provided the use is necessary to indicate the intended purpose of the product and is made in accordance with honest practices in industrial and commercial matters."



Did you actually talk to a lawyer, or just look this up? Because the issues here extend past your nominative fair use analysis, which isn't fully on point. (IANAL)
 
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KEW GARDENS
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Re: Collectors Wooden Catan Board - Thinking Monk Studios - 200% funded and going!
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Tim Harrison
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I'm not a lawyer. I'm simply telling you what's already happened. The publisher has already sent cease and desist letters to many similar projects, including ones that were already completed. Projects that, as a result, had to be cancelled, angering many backers in the process.

Are you prepared to defend your position in court? Because that's where this appears to be heading.
 
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