These observations apply to a variety of cases. A brief title, considered in isolation from the rest of the work it identifies, is not likely to be protected as an original element.8)_and_footnotes(n5);.vk n5 Characters constitute a more difficult example: as seen above, literary characters are difficult to protect, while copyright in graphically delineated characters may be infringed by reproduction, for example, in a new story.8)_and_footnotes(n6);.vk n6 In rare cases, protection under unfair competition law would nevertheless be available even for literary characters, just as for titles, especially where the literary character, from the point of view of unfair competition law, fulfills the same function as the title of the work.
The Federal Court of Justice considered all these issues in the ''Sherlock Holmes'' case.8)_and_footnotes(n7);.vk n7 In this important case, the Court stated that the character of Sherlock Holmes was not protected under copyright law or, at least, that there was free utilization of that character in the film The Man Who Was Sherlock Holmes. At the same time, however, protection could have been granted, if not against use of the character in the film as such, then against the use of this name in the title of the film. The fact that protection was precluded because of estoppel in this case cannot detract from its importance.8)_and_footnotes(n8);.vk n8