“What is a trademark? A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.” US Patent and Trademark Office website: http://www.uspto.gov/web/offices/tac/tmfaq.htm
The whole fan-rights issue is huge. There is so much to talk regarding it, sometimes my head spins. Please, continue to make excellent articles like you have been -- fandom needs it. And, thanks for posting the link to Burned.
I’d like to recommend an addition to the links section: www.FandomFightsBack.org. This group has become a nexus for fan-related issues, with a discussion list via Yahoogroups that's populated by fans on both sides of the issue.
Another excellent website is www.fanfictiondefense.com. The discussion of a fan’s rights under the Digital Millenium Copyright Act is especially good. Just because an author gets your site pulled off Yahoo, does not mean they had the legal right to do it. And, you can get your site back.
Dee would like to come into contact with any fans suing an author over supposed infringement for an article she is writing. The only known case to her, oft quoted as 'The Reason Authors Must Crack Down on Fans', is that of the infamous Marion Zimmer Bradley case. She would also appreciate any information that supports the claim that authors must not read fanbased work.
You can reach Dee at firstname.lastname@example.org