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Old July 18 2014, 05:51 AM   #16
Professor Zoom
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Re: Can ship names be copyrighted?

Gaith wrote: View Post
Professor Zoom wrote: View Post
Trademark is forever, as long as you defend it Copyright is for a limited time, until Disney decides they want it longer, and start paying some congressmen to change the law. Again.
Generally yes, but there's some shades of gray. If Sherlock Holmes stories have fallen out of copyright, and the character is in the public domain (a matter of ongoing litigation), how much of the Doyle Estate's trademark on Holmes still has teeth?
I don't know if that's grey or murky. And something for the court to decide.

Copyright gets even more confusing because different countries have different rules. I think Holmes is in the public domain here, but, I'm not sure about the UK.

Here's an interesting article.

The court says SOME elements are in the public domain (anything from pre 1923 stories), AND, interestingly... the case was about copyright, not trademark...

“There is a very good reason why the Estate did not assert trademark protection: The Estate does not own any trademarks," Klinger told PW. “They have applied for them, and there will be substantial opposition."
Though, I still wouldn't rush out to publish my Holmes Watson slash fiction.
Batman does not eat nachos.
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Old July 18 2014, 06:33 PM   #17
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Re: Can ship names be copyrighted?

I believe that "Starship Enterprise" is what they have copyrighted...
"Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it." - Mark Twain
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