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My thought about this are that "Space Marine" is general term and it should be used in every book, story or whatever. The copyrighted term for GW is "Adeptus Astartes" and it is really unique for 40k.
Space Marine is general term for combat infantry in space : "The space marine, an archetype of science fiction, is a Marine that operates in outer space or on alien worlds". By this logic the decedents of Bob Olsen should sue GW because he was the first one to use that word in book back in 1932 ( "Captain Brink of the Space Marines" ).
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