Sega v Accolade '92 - copying a trademark is allowable when it becomes a functional requirement for interoperation. Also, creativity is irrelevant here - it's

Sega v Accolade '92 - copying a trademark is allowable when it becomes a functional requirement for interoperation. Also, creativity is irrelevant here - it's a collection of fact. 'Hermione' may have taken creativity to come up with but it's a fact that Harry Potter stars a character of that name. As long as the names are the signatures, the names can't be protected. As for arbitrary, whatever. That's your line in the sand. But it's wrong. As in, outcomes based on that reasoning are less functional. If it ends up being upheld it's yet another case of our legal system weakening us, not strengthening us.