That's a really interesting point :) I guess the biggest distinction between Sherlock Holmes and Mickey Mouse (aside the estates that own them) is that Mickey

That's a really interesting point :) I guess the biggest distinction between Sherlock Holmes and Mickey Mouse (aside the estates that own them) is that Mickey is a design as much as a character. The 3 circled motif is iconic enough that there is an ongoing spat between Disney and Deadmau5 -- though I do side with Deadmau5 on that, if just as a middle finger to Disney :D I'm not suggesting law should stipulate that fictional characters need a design before they can be trademarked nor that Mickey Mouse shouldn't be trademarkable. Just that there is definitely an unclear grey area and I don't really know the answer to your question. But it is a very good question that gave me pause for thought.