So, from my reading at http://www.copyright.gov/fls/fl108.html, it appears that if we were to develop another card game, we would be able to almost completely copy the general idea of Chaotic. What is protected under Trademark Law is the design and wording of cards and their effects.
Also, http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#6, looking at that, after 3 years, Trademark claims go out the window if they are not in use. In addition to the basic time stamp, "abandonment" can be inferred based on the way the trademarked material is being presented. If it seems like it is abandoned, then it's fair game.
Chaoticgame.com closes with, "Chaoticgame is currently closed"
I don't think that qualifies as abandonment because they carefully chose the word, "currently". It doesn't mean Chaotic is back or in plans to be revived, but it is a basic protection they've set forth in order to avoid a group jumping on the chance for a quick buck.
That's all I have right now, but other concerns would be welcome so we can look into ways to resolve them peacefully (and for a low cost).
Also, http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#6, looking at that, after 3 years, Trademark claims go out the window if they are not in use. In addition to the basic time stamp, "abandonment" can be inferred based on the way the trademarked material is being presented. If it seems like it is abandoned, then it's fair game.
Chaoticgame.com closes with, "Chaoticgame is currently closed"
I don't think that qualifies as abandonment because they carefully chose the word, "currently". It doesn't mean Chaotic is back or in plans to be revived, but it is a basic protection they've set forth in order to avoid a group jumping on the chance for a quick buck.
That's all I have right now, but other concerns would be welcome so we can look into ways to resolve them peacefully (and for a low cost).