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(Put another way, copyright is to artistic expression as trademarks are to branding.) There is some crossover, which leads to considerable confusion, and the Office for Harmonization notes that "Zorro" may still be protected on copyright grounds.

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The decision is a blow to Zorro Productions Inc, which claims to have inherited intellectual property rights deriving from Johnston Mc Culley's first story, published in 1919.

The company is run by John Gertz, who has assigned Zorro rights to Sony Pictures, which according to documents leaked in the hack, has been in discussions with Quentin Tarantino about doing a crossover film.