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Question about mentioning a brand

sr71plt said:
I took the URL directly from a list that exists. It was there today--at the URL I copy and pasted and Lit. truncated out of usefulness. I have it in hardcopy.
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I think I found it. Lit doesn't like the space in the url and changes it to "**0". To use the link, copy the url below and paste it into a browser, then change the "**0" to a percent sign followed by 20.

"https://www.inta.org/Media/Lists/Trademark**0Checklist/AllItems.aspx"
 
NotWise said:
I think I found it. Lit doesn't like the space in the url and changes it to "**0". To use the link, copy the url below and paste it into a browser, then change the "**0" to a percent sign followed by 20.

"https://www.inta.org/Media/Lists/Trademark**0Checklist/AllItems.aspx"
Click to expand...

Thanks for the try. That comes up broken for me too, though. Guess if anyone wants to get to the list, they will have to go through the search process I did to find it again. When I originally found this list, it was out in the open. Sometime after that, though, the INTA put it behind their subscription wall. It was still available for free by playing with a search for it, though.
 
KeithD said:
Thanks for the try. That comes up broken for me too, though. Guess if anyone wants to get to the list, they will have to go through the search process I did to find it again.
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I found it from the URL in the bottom of the PDF file I linked to earlier by copying the url and pasting it into Google. It looks like the list has been lifted and republished by several people.
 
KeithD said:
What Lit. might do with the reference beside the point, it's fine legally to use brand names (without the trademark). You just have to spell them as trademarked.
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Intentionally misspelling a name shows the author's regard for the brand. StarFucks, CrapInTheBox, Titsla, Furd, Tromp, etc signify disapproval. But I only speak highly of Vega (not Vegan) banjos.
 
Hypoxia said:
Intentionally misspelling a name shows the author's regard for the brand. StarFucks, CrapInTheBox, Titsla, Furd, Tromp, etc signify disapproval. But I only speak highly of Vega (not Vegan) banjos.
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Yes, but if the brand name you are vilifying is clearly understood, that's grounds for a successful suit, although it's highly likely that a free-read smut story by an anonymous author would set loose any lawyers.
 
NotWise said:
I think I found it. Lit doesn't like the space in the url and changes it to "**0". To use the link, copy the url below and paste it into a browser, then change the "**0" to a percent sign followed by 20.

"https://www.inta.org/Media/Lists/Trademark**0Checklist/AllItems.aspx"
Click to expand...

Confirming that this worked for me. Gotta change the "**0" to a "<percent>20".
 
KeithD said:
Yes, but if the brand name you are vilifying is clearly understood, that's grounds for a successful suit, although it's highly likely that a free-read smut story by an anonymous author would set loose any lawyers.
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This, on both matters.
I used to sell on etsy and some brands, well most of them actually, won't hesitate to come after sellers even if they are implying their brand. Just mouse ears if they look like 'that famous mouse', will get you in trouble and changing a name to be obviously a take on a brand will get you in trouble too.
It's like the people that will say 'inspired by xxx' they know they are ripping off someone else's idea.

And yeah I doubt Jell-O™ will come after me for mentioning them here. I am saying something good about them, so it's all good!
 
No need to include the trademark symbols in your text. "Although the symbols [R in a circle] and ™ (for registered and unregistered trademarks, respectively) often accompany trademark names on product packaging and in promotional material, there is no legal requirement to use these symbols, and they should be omitted wherever possible." (Chicago Manual of Style 16, 8.152)
 
KeithD said:
No need to include the trademark symbols in your text. "Although the symbols [R in a circle] and ™ (for registered and unregistered trademarks, respectively) often accompany trademark names on product packaging and in promotional material, there is no legal requirement to use these symbols, and they should be omitted wherever possible." (Chicago Manual of Style 16, 8.152)
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I was just being facetious. I guess it's hard to read sarcastic and facetious online :D
 
CoffeeWithMonkeys said:
I was just being facetious. I guess it's hard to read sarcastic and facetious online :D
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I think there are enough writers who don't know the guidance on this for it to be pinned down. When I was editing for mainstream publishers more authors than not trade to use the symbols.
 
I've used Uber in a couple recent stories. I think my use is consistent with guidelines. I figure the only people who might complain are Lyft and various taxi companies.
 
I don't know why it is, but my body is disagreeing with the thermostat. I have chills. I feel miserable.
 
Spacely's Sprockets branched out into stats in the year 2525.
 
I had posted a story earlier this year in which one of the characters--a full time college student--mentions using Alka-Seltzer Plus Cold Medicine as a hangover cure. I used the name brand, didn't add the TM, and only one person made a comment about it at all. Jell-O should be fine if that's what the character would be using.
 
I’m not sure if this is relevant or useful but I have posted stories here that reference Facebook and Snapchat by name with zero grief from the site for it - in fact it never crossed my mind that I couldn’t do this.

I did however substitute a fictional name for a real website rather than use the real site name, because I was being a little disparaging for the purposes of humour within the narrative.
 
Requiax said:
I did however substitute a fictional name for a real website rather than use the real site name, because I was being a little disparaging for the purposes of humour within the narrative.
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If you got this through, it was a submissions editor oversite. URLs, either real or fictional, aren't permitted in stories here. I've used fictional ones without thinking and the stories have been rejected.
 
KeithD said:
If you got this through, it was a submissions editor oversite. URLs, either real or fictional, aren't permitted in stories here. I've used fictional ones without thinking and the stories have been rejected.
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You misunderstand; it wasn’t a URL (or I would have said URL), it was the name of the site. Like Vice or Cracked or Wikipedia or, well, Literotica.

Not that I’m suggesting that the site name was a trademark. But I mentioned it because it fitted with the discussion of using satirical names (like FaceSpace or MyBook) rather than genuine names for products when you are taking a disparaging tone.
 
Requiax said:
You misunderstand; it wasn’t a URL (or I would have said URL), it was the name of the site. Like Vice or Cracked or Wikipedia or, well, Literotica.

Not that I’m suggesting that the site name was a trademark. But I mentioned it because it fitted with the discussion of using satirical names (like FaceSpace or MyBook) rather than genuine names for products when you are taking a disparaging tone.
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I'd had using the specific name of a site rejected. I had to go completely to the generic on mention to get it passed. But try whatever you want. Not everything is being caught.
 
KeithD said:
I'd had using the specific name of a site rejected. I had to go completely to the generic on mention to get it passed. But try whatever you want. Not everything is being caught.
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Out of interest, what was the site got your story rejected when you named it?
 
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