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[noahm888]

Is it legal to make and sell something that is a central object in a popular fictional book?  A few more concerns are the fact that this book is under copywrite by a famous author, as well as had a major motion picture made out of it.  If the answer is yes, would branding it the same way be copywrite infringement even thought the item is fictional?  I don't mean a carbon copy of the piece from the film version, but something that has the same general design and the same branding.  There is no (active) registered trademark for how I want to brand this (it's current status is "abandoned/dead"), nor is there any patent on a product like this at all.  The author of the book is deceased, but it has not been 50 years since their death, as I believe is how long a copywrite lasts before it becomes public domain.  I have seen companies do things like what I want to do before, while no legal disclaimer or any indication that they have permission from the copywrite holder.  An example of what I want to do is smiler to how (small) companies produce items from the Harry Potter universe (wands, scarfs, robes, ect.), even using the same names for these things.  I guess my question is where the line between copywrites, trademarks, and patents cross? Is any of this legal?

[JSonnabend]

The answer to your question depends in large part on the details of what you are trying to do.  I don't think there is some overarching, general advise you could follow in any meaningful way.

- Jeff