Copyright infringement question

[Elizabeth Snape]

> 
> > Bart:
> > Here's an excellent site on the subject:
> > http://www.chillingeffects.org/fanfic/notice.cgi?NoticeID=522
> > 
> > Note that there are also trademarks in play; for example, the
> Sherlock Holmes stories are all in the public domain, but the
> character is still trademarked, so if you tried to create derivative
> fiction, you may find yourself under lawsuit for trademark 
violation.
> Even JKR is not immune; when GOF was made in the media that must not
> be named, she was the recipient of a lawsuit from a band called "The
> Wyrd Sisters", whose name was trademarked, and did not want another
> band with the same name appearing in GOF.
> > 
> > I don't have a list of precisely what is trademarked out of the HP
> series, but with the Harry Potter merchandise, you can be sure it's 
a
>  good portion of it. I'm trying to find a source, but I believe that
> the Lexicon lawsuit involves trademarks as well as copyrights.
> 

Since Carol's brought the topic over here, I thought I'd comment also:

The name Sherlock Holmes is NOT trademarked as evidenced by the 
numerous unauthorized pastiches (a fancy word for published fanfic!) 
and deplorable movies.  (There hasn't been a decent Holmes since 
Jeremy Brett died.)  I definitely know that my favorite, the Mary 
Russell series by Laurie R. King, is unauthorized.

As far as the HP series trademarks, using my Chocolate Frog card 
collection, which covers PS/SS & CoS, as reference, the following 
names are trademarked: Albus Dumbledore, Minerva McGonagall, Severus 
Snape, Rubeus Hagrid, Gildroy Lockhart, Voldemort. Why these names 
were chosen and not Hooch, Pince, etc., is a puzzle! There aren't 
cards for HRH, but I assume they're also trademarked.

Snape's Witch