(CN) - The trust that owns the rights to the "Darkover" science fiction series claims author Mary Battle violated its copyright by publishing two "inferior" spinoff novels that take place "in the Darkover universe."
     The Marion Zimmer Bradley Literary Works Trust owns the rights to the 40-novel series created and mostly written by Marion Bradley.
     Trustee Ann Sharp claims Battle violated copyright and trademark laws when she published "Molly of Darkover," in 2006 through Lulu Press. Battle asked for permission to sell the novel, but the trust refused, according to the complaint, and Lulu removed "Molly of Darkover" from its website.
     But in 2007, Battle published "Women of Darkover," which included the entire story of "Molly of Darkover," Sharp claims in federal court in San Francisco.
     Both novels take place within the fictional world of the "Darkover" series, according to the lawsuit.
     "Defendant Battle intentionally wrote and published fiction taking place in the Darkover universe without the authorization of the copyright holder, as evidenced by her contacting plaintiffs for permission, after the infringing work had already been published," the lawsuit states.
     The trust filed a trademark application for "Darkover" in August 2009 and was granted a trademark certificate in March 2010.
     "'Darkover' is a distinctive term, and even before the filing of the trademark application has been associated with Bradley's novels by readers and the publishing industry, such that creative works bearing or using the mark are considered to have been authorized by the rights holder of the Darkover novels," according to the complaint.
     "Consumers who have purchased defendant's novels have not gone on to purchase authorized Darkover novels, showing that the availability of the works harms and will continue to harm plaintiff's sales, as well as author's reputation."
     Sharp is seeking an injunction barring Battle from continuing work on anything taking place in the "Darkover universe," as well as punitive damages.
     In 1958, Bradley published "The Planet Saversm" the first novel the series. She died in 1999 and still has a strong fan base. Deborah J. Ross is the current principle writer. Ross is also the author of the Avalon Series, which she first published in 1979.
     Sharp and the trust are represented by Kelley Way of Walnut Creek, Calif. and Gregory Broderick with Downey Brand, of Sacramento.