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<blockquote data-quote="Justin D. Jacobson" data-source="post: 3933180" data-attributes="member: 18946"><p>The issue (in this instance) isn't one of copyright but trademark. Many of the elements of ERB's Mars series are trademarked.</p><p></p><p>I ran across this issue when I was working on Passages. I knew Dr. Fu Manchu was in the public domain and used his name a couple of times. I only learned right before going to print that the name is trademarked and, thus, off-limits.</p><p></p><p>According to the website for the publisher of this book (not Adamant), they have reviewed the trademarks thoroughly and have not run afoul of them.</p><p></p><p>I am curious about a third element that they haven't fully explained: using ERB's name. They assert that there is no trademark on the ERB name (which I'm sure is true), but I don't think that ends the discussion on possible IP issues.</p></blockquote><p></p>
[QUOTE="Justin D. Jacobson, post: 3933180, member: 18946"] The issue (in this instance) isn't one of copyright but trademark. Many of the elements of ERB's Mars series are trademarked. I ran across this issue when I was working on Passages. I knew Dr. Fu Manchu was in the public domain and used his name a couple of times. I only learned right before going to print that the name is trademarked and, thus, off-limits. According to the website for the publisher of this book (not Adamant), they have reviewed the trademarks thoroughly and have not run afoul of them. I am curious about a third element that they haven't fully explained: using ERB's name. They assert that there is no trademark on the ERB name (which I'm sure is true), but I don't think that ends the discussion on possible IP issues. [/QUOTE]
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