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ffuturesOne of the "if all else fails and I'm really desperate for an idea" ideas I've had in the back of my mind since Conan Doyle's Euro copyright finally expired is a "World of Sherlock Holmes" RPG. It'd be a sod to write, since actually playing the man would be next to impossible - player characters would have to be supporting cast, Scotland Yard bunglers, etc. - which is one of many reasons why I've never done it.
Good thing too, because I'm reliably informed that a surviving descendent of Conan Doyle has now obtained a European trademark on the words "Sherlock Holmes." Which should, of course, now be written Sherlock Holmes® or Sherlock HolmesTM.
How they have avoided the "generic description" thing that stopped aspirin and cellophane from remaining trademarks is beyond me, because phrases like "it didn't take a Sherlock Holmes to realise..." aren't exactly uncommon.
What this does for the vast quantity of Holmes films, pastiches, fanfic, articles etc. etc. already extant is unclear; I suspect that sooner or later there will be several VERY lucrative (for the lawyers) lawsuits, since Hollywood etc. has a LOT of money tied up in films etc. Then there are things like the old Sherlock Holmes play, which I think was also out of copyright... but now the title itself and every use of the character's name infringes trademark.
What's clear is that any future material based on this character is going to have to jump through the trademark hoops, at least in Europe. But I suspect that it will simply be dropped, with authors etc. moving on to other projects or changing names sufficiently to protect themselves.
I wonder if I could trademark the words "Greedy Bastards"
Good thing too, because I'm reliably informed that a surviving descendent of Conan Doyle has now obtained a European trademark on the words "Sherlock Holmes." Which should, of course, now be written Sherlock Holmes® or Sherlock HolmesTM.
How they have avoided the "generic description" thing that stopped aspirin and cellophane from remaining trademarks is beyond me, because phrases like "it didn't take a Sherlock Holmes to realise..." aren't exactly uncommon.
What this does for the vast quantity of Holmes films, pastiches, fanfic, articles etc. etc. already extant is unclear; I suspect that sooner or later there will be several VERY lucrative (for the lawyers) lawsuits, since Hollywood etc. has a LOT of money tied up in films etc. Then there are things like the old Sherlock Holmes play, which I think was also out of copyright... but now the title itself and every use of the character's name infringes trademark.
What's clear is that any future material based on this character is going to have to jump through the trademark hoops, at least in Europe. But I suspect that it will simply be dropped, with authors etc. moving on to other projects or changing names sufficiently to protect themselves.
I wonder if I could trademark the words "Greedy Bastards"
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no subject
Date: 2004-12-24 04:12 am (UTC)But if it was out of copyright, then does that mean that *anyone* could have got the trademark?
Could I get a trademark right now on "Hamlet" as the name of a fictional prince of Denmark, and then stop everyone in the world from doing a show of Shakespeare's Hamlet unless they pay me a large amount of money?
no subject
Date: 2004-12-24 04:16 am (UTC)I did think that the "look and feel" of Holmes belonged to various film companies, as does the "bolt through neck" version of Frankenstein's monster, but apparently not.
I'd be REALLY grateful if someone could point me at the original story, which may say more about what is and is not trademarked.
no subject
Date: 2004-12-24 06:37 am (UTC)During one of the Olympics (Montreal or LA, I think, but it might have been another one) the organizing committee got an injunction against Olympic Airlines on the grounds that they were using a trademark without paying for it. There was an Olympic Restaurant (run by a family for 50 years) that was told to shut down or change its name...
I find it odd that this is happening in Europe. After all, even in America trademarks have to be defended or they are lost, and the deerstalker, pipe, name, etc has been floating around the general culture for a long time. Do you happen to know if the chap also got the American trademark?
Mind you, it looks like European law is moving into alignment with American law.
no subject
Date: 2004-12-24 07:39 am (UTC)MacDonalds vs. MacDonalds
Date: 2004-12-24 08:19 am (UTC)Returning to the idea of creating a Sherlock Holmes RPG, surely one suggestion would be for the players to take the roles of members of the Baker Street Irregulars? Of course, that has been done before in the Sherlock Holmes: Consulting Detective Game. (When a friend played this, his character was female and a young dolly mop. Not sure that was what the publishers had in mind, really...)
Re: MacDonalds vs. MacDonalds
Date: 2004-12-24 08:22 am (UTC)Re: MacDonalds vs. MacDonalds
Date: 2004-12-24 08:27 am (UTC)Would that not make the game, The League of Incorrigible Gentlemen RPG or something? The Un-Gentleman's Club: A School For Cads & Bounders RPG, perhaps?
Re: MacDonalds vs. MacDonalds
Date: 2004-12-24 08:30 am (UTC)Of course, what I should do now, is go off and trademark both phrases. But that will have to wait until after Christmas...
no subject
Date: 2004-12-24 08:20 am (UTC)