Because one Sherlock Holmes book is still in copyright in the U.S. it is just conceivable that the Conan Doyle "estate" has a proprietary common law trademark claim to the characters in the book, but it would have to be tested in the U.S. courts. As a previous federal trademark claim has already been rejected, a common law claim probably would not succeed. In any event, all this hoo-ha only concerns the United States. In all other countries of the world, the Holmes oevres are in the public domain. As to the trademark/service mark question, I seriously doubt whether anyone would attempt a claim in any court outside the U.S.
So, in answer to your question, publish and be damned! You could always add the words "Not For Sale In The USA" - a meaningless bit of nonsense, but something that might protect you in the event that the Conan Doyle heirs get their wicked way in the U.S. courts.
Techdirt has not posted any stories submitted by tonyk.
Re: Extending the canon
So, in answer to your question, publish and be damned! You could always add the words "Not For Sale In The USA" - a meaningless bit of nonsense, but something that might protect you in the event that the Conan Doyle heirs get their wicked way in the U.S. courts.
Techdirt has not posted any stories submitted by tonyk.
Submit a story now.