However, contrary to popular belief, trademarks do not prohibit others using your trademarks in their writing. They prohibit others using your trademarks deceptively or in a way likely to cause confusion. Which means you don't have the same ability to prevent someone from using your trademark in the title or content of their book, that you have to prevent them from using copyrighted material in their book.
So an author can force a film company to switch all it's employees to rainbow colored forks in their family homes and the film company has two options : comply, or find another book to make a movie from.
This is similar to an EULA. You are in no way forced to sign the EULA. But there's nothing else giving you the right to use the software. So you have one of two choices : agree to the EULA, or find another piece of software.
> You would violate Rowling's copyright, for instance, if you took a Harry Potter book, outlined the plot (even with character and place names changed), and wrote a new novel from scratch using that outline.
Terry Brooks might be surprised to hear this, as he seems to have been safe from the notoriously litigious Tolkien estate. Try reading The Lord of the Rings sometime, then read The Sword of Shannara (accurately described as "especially blatant in its point-for-point correspondence" [1]).
Again, though, all that's only relevant if you're interested in the actual state of the world.
[1] http://en.wikipedia.org/wiki/The_Sword_of_Shannara#Sword_and...