In a surprising and controversial move, the official Twitter account for Dave Con, a tabletop role-playing game convention based in Minnesota, has threatened to sue hobbyists and fans for their use of memes and what many argue is nominative fair use of the Dave Con trademark.
The situation erupted after Dave Con’s Twitter account, under the handle @DaveCon_MN, issued a strongly worded message that seemed aimed at those sharing memes or content that referenced the convention. The tweet read:
“Here is the thing, we know you would never purchase one and we know you would hide behind some VPN or other way to be anonymous if we decided to send a C&D letter thru our lawyer. That being said it probably best to take them down before you do step on someone’s toes and get sued.”
This statement has sparked a wave of backlash and debate within the tabletop gaming community, with many arguing that Dave Con is attempting to exert an unreasonable level of control over how their trademark is referenced or used in online discussions and content.
What is Nominative Fair Use?
Nominative fair use is a legal doctrine that allows individuals to use a trademarked term to refer to the actual trademarked product or service itself, typically in contexts where it is necessary for identification or commentary. For instance, using the name “Dave Con” in a meme or discussion about the convention should, in theory, be protected under fair use laws as long as it doesn’t mislead consumers into thinking there is an endorsement or sponsorship.
A Question of Overreach?
Many hobbyists and fans see Dave Con’s threats as an overreach and a potential abuse of intellectual property rights. The concept of nominative fair use is well-established in U.S. law, and the mere mention of a trademarked name in a meme or commentary typically does not constitute infringement. The community response has been swift, with numerous content creators and legal experts criticizing Dave Con’s stance as being both legally unfounded and potentially harmful to its public image.
Chilling Effect on the Community?
The real concern for many in the tabletop role-playing game community is the chilling effect such threats could have on creative expression and open discussion. By threatening legal action over something as benign as memes or commentary, Dave Con risks alienating its core audience and discouraging fan engagement, which is often a crucial aspect of building a vibrant and supportive community around conventions and gaming events.
Community Reactions and Legal Opinions
Numerous voices within the community have taken to social media to express their disapproval of Dave Con’s approach. Legal experts on intellectual property have also weighed in, suggesting that Dave Con’s threats could be viewed as a misuse of trademark law, intended more to intimidate than to address any actual legal harm.
In the end, Dave Con’s aggressive stance against hobbyists may do more harm than good, both legally and in terms of public relations. As the community continues to discuss the implications of this move, it remains to be seen whether Dave Con will follow through with its threats or reconsider its position in light of the backlash and the principles of fair use.
Conclusion
This incident serves as a reminder of the delicate balance between protecting a brand and respecting the rights of fans and hobbyists. In an age where fan engagement and community-driven content are invaluable assets to any convention or brand, Dave Con’s approach may have inadvertently sparked a controversy that could have lasting effects on its reputation and relationship with the community it aims to serve.
