[dvd-discuss] Copyright v. Trademark

[Joshua Stratton <cpt(at)gryphon.auspice.net>]

This is somewhat outside of the formal subject of the list, but close 
enough given what we normally discuss.

One of the underlying theories that I think we, and Disney, have been 
operating under is that a work hitting the copyright public domain makes 
it basically generic in a trademark sense. E.g. Disney might lose a 
trademark in Mickey Mouse generally, though still be able to hold 
"Disney's Mickey Mouse." That is, a trademark holder of a public domain 
character can't prevent the creation of derivative works based on the p.d. 
work in which the character originated, nor the competition, however 
confusing, in commerce that might spawn from such derivatives being 
created.

I think I've got a good handle on the theory, and I'm not very worried 
about that. (though if I should be, please let's discuss it)

What I really want to know is if anyone has seen any cases squarely on 
point here?