If you call yourself the Burger King in your kitchen, there’s no trademark infringement there. However, if you start selling you food and calling yourself the Burger King, then that is a trademark violation. If you want to write Twilight fan fiction using the characters and story lines from the books, you’re free to do so. There is no copyright violation. However, if you want to profit from your expansions to another author’s work, you have to rename the characters and setting and call it “Fifty shades of grey”.
I believe in must jurisdictions its the distribution that makes it an issue not the selling. If you started handing out your “Burger King” burgers in a public place I would expect to be shut down.
You’re right, but I didn’t want to dive too deep with a throwaway internet comment. I’m using the word “profit” here loosely not to mean only dollars. The act of distribution can negatively affect the rights holder if the person violating the copyright/trademark dilutes, tarnishes, or misrepresents the rights holder’s IP.
I touched on this a tiny bit with my comment in there “or negatively affect the profits of the rights holder with your work using their name.”
I believe in must jurisdictions its the distribution that makes it an issue not the selling. If you started handing out your “Burger King” burgers in a public place I would expect to be shut down.
You’re right, but I didn’t want to dive too deep with a throwaway internet comment. I’m using the word “profit” here loosely not to mean only dollars. The act of distribution can negatively affect the rights holder if the person violating the copyright/trademark dilutes, tarnishes, or misrepresents the rights holder’s IP.
I touched on this a tiny bit with my comment in there “or negatively affect the profits of the rights holder with your work using their name.”