Bob Tarantino at JD Supra Law updated a 2010 discussion about fanfic in light of recent developments in Canada. "A discussion of the legal implications of fan fiction would not be complete without mentioning two relevant matters which are not affected by the UGC exception introduced by the CMA: moral rights and trade-mark (or passing off) claims." Although the UGC exception pertains to copyright infringement, it "has no effect on an author's potential moral rights claims. And because fan fiction may make use of elements of an author's creation such as titles, character and location names to which some form of trade-mark protection applies (e.g., Star Wars fan fiction that makes use of character names like Luke Skywaylker (a registered mark in Canada), ...there remains the possibility that some form of trade-mark based action could be commenced by the relevant rights-owner."
