When is a trademark issue involved in FanFic?
Trademark law is intended to protect two areas: 1) the protects the public’s interest in being able to accurately ascertain the source of goods and services in the market; and 2) to protect a business’s good will. Sometimes this takes the form of direct competition between two users of similar marks. Other times, someone who uses a confusingly similar mark may suggest an affiliation with the true mark owner even where there is no direct competition, which might lead consumers to wrongly attribute possible mistakes or poor quality in the good or service. In either scenario, however, it is important to remember that a good or service is involved. Also, the fact that a good or service is free of charge does not necessarily prevent liability. Thus, FanFic authors who actively distribute a good or service could face trademark liabilities.
