ffutures: (lost world)
[personal profile] ffutures
One 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"

MacDonalds vs. MacDonalds

Date: 2004-12-24 08:19 am (UTC)
From: [identity profile] pwca.livejournal.com
I seem to recall that the most recent well-known case of name or trademark infringement occurred over the name MacDonalds. The big American company took a family run burger bar (I belive that it was in Scotland) to court for use of the name. From what I remember, the family won because the Judge decided that there was no grounds for confusion betwen the two.

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)
From: [identity profile] ffutures.livejournal.com
Yes, irregulars etc. was what I had in mind. And/or Moriarty and friends, of course. I have a feeling it may take them a while to think of TM-ing Professor Moriarty, come to think of it.

Re: MacDonalds vs. MacDonalds

Date: 2004-12-24 08:27 am (UTC)
From: [identity profile] pwca.livejournal.com
Moriarty & Friends, eh?

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)
From: [identity profile] pwca.livejournal.com
Moriarty & Friends, eh?

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?


Of course, what I should do now, is go off and trademark both phrases. But that will have to wait until after Christmas...

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