Thomas v. Leyline Publishing LLC
3:24-cv-03061
N.D. Tex.Jun 10, 2025Background
- Plaintiffs, Shawn Thomas and The Tabletop Adventure, LLC (“Tabletop Adventure”), created a board game called "Realms of Kymoria" and entered into negotiations with Leyline Publishing and related defendants (“Leyline”) for licensing and publishing.
- Two licensing agreements were involved; the first was deemed no longer operable, while the second remained in effect and covered content development and distribution rights for the game.
- After a failed collaboration and subsequent disagreements, Tabletop Adventure demanded Leyline cease distribution of the game and related materials.
- Tabletop Adventure sought a temporary restraining order (TRO) and preliminary injunction against Leyline to stop alleged copyright and trademark infringement, and false endorsement.
- The court declined ex parte TRO relief and converted the matter to solely consideration of a preliminary injunction after a noticed hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Copyright Infringement | Leyline distributed materials copied from Tabletop Adventure’s content | A valid license covers the disputed content; no substantial similarity shown | Insufficient evidence; licensing agreement likely covers use |
| Trademark Infringement | Registered mark "Realms of Kymoria" infringed by Leyline’s use | Trademark not proven registered/protectible; use is licensed | No proof of protectible mark or confusion; relief denied |
| False Endorsement (Lanham Act) | Leyline misleadingly suggested Tabletop Adventure endorsed their product | Statements covered by license; no evidence of consumer confusion presented | No evidence of confusion; claim unlikely to succeed |
| Validity and Scope of Licensing Agreement | Licensing agreement does not cover all distributed content | Second agreement is valid and grants broad rights to distribute the content | Second licensing agreement binding and covers alleged use |
Key Cases Cited
- Anderson v. Jackson, 556 F.3d 351 (standard for preliminary injunctions, showing required)
- Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (requirements for preliminary injunctions)
- Armour v. Knowles, 512 F.3d 147 (elements for copyright infringement)
- Scott Fetzer Co. v. House of Vacuums Inc., 381 F.3d 477 (trademark infringement requirements)
- Am. Rice, Inc. v. Producers Rice Mill, Inc., 518 F.3d 321 (protectibility of marks under the Lanham Act)
- Exxon Corp. v. Oxxford Clothes, Inc., 109 F.3d 1070 (license is a defense to trademark infringement)