One area of serious concern which has not received the attention which perhaps it should is the privatisation or enclosure of folk works, historical or mythological figures or works which are out of copyright (for example, Mulan, Robin Hood, the Jungle Books, Pooh Bear) by the growing use of trade marks. Although trade marks should only restrict commercial uses of intellectual property, the danger by way of using trade mark law as a way of deterring ISPs from hosting fanworks in future is a danger which should not be overlooked.Susan Hall, The Future of Fanworks Legal Q&A – Post 2
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In their last email to me, Games Workshop stated that they believe that their recent entrée into the e-book market gives them the common law trademark for the term “space marine” in all formats. If they choose to proceed on that belief, science fiction will lose a term that’s been a part of its canon since its inception. Space marines were around long before Games Workshop. But if GW has their way, in the future, no one will be able to use the term “space marine” without it referring to the space marines of the Warhammer 40K universe.