Trademarks apply to original characters used in toys and such, not written work.
This is not strictly correct. A great variety of things can be trademarked, including images (the Superman S-logo, the NBC peacock), acronyms (AD&D, CBS), coined words (Kleenex, Xerox), and names (V.C. Andrews, Robert Ludlum, Martha Stewart). In this last context, it's entirely possible to trademark the names of literary characters (Tarzan, Zorro) and argue that the characters are thereby protected on the basis of the trademark status.
That said, there are all kinds of limits and practical considerations associated with trademark theory that make protecting the status of trademarked literary characters relatively difficult; this is probably one reason that professional authors generally rely on copyright-based theories rather than trademark theories in criticizing fanfic. [See also C. E. Petit's legal analysis of fanfic issues here; it's dense reading, but worth the effort.] On the flip side, certain aspects of trademark theory may indeed favor fanfic writers' ability to reference other authors' characters.
"It's trademark infringement" oversimplifies. But trademark theory is certainly relevant to discussions of the legal status of fanfic.
no subject
This is not strictly correct. A great variety of things can be trademarked, including images (the Superman S-logo, the NBC peacock), acronyms (AD&D, CBS), coined words (Kleenex, Xerox), and names (V.C. Andrews, Robert Ludlum, Martha Stewart). In this last context, it's entirely possible to trademark the names of literary characters (Tarzan, Zorro) and argue that the characters are thereby protected on the basis of the trademark status.
That said, there are all kinds of limits and practical considerations associated with trademark theory that make protecting the status of trademarked literary characters relatively difficult; this is probably one reason that professional authors generally rely on copyright-based theories rather than trademark theories in criticizing fanfic. [See also C. E. Petit's legal analysis of fanfic issues here; it's dense reading, but worth the effort.] On the flip side, certain aspects of trademark theory may indeed favor fanfic writers' ability to reference other authors' characters.
"It's trademark infringement" oversimplifies. But trademark theory is certainly relevant to discussions of the legal status of fanfic.