question - about using a company name

[jeninflorida]

I have a question about what I can say in a story. Can I use a company name in a story in a negative way? I have a true story about pirate on the seas called Boat US (subcontractors towing/salvage operators). This story is informative that boaters must know as most people do not read the little fine print in the towing/insurance contracts. My issue is that most maritime laws date back to the 1800 British laws, and people need to be informed in layman’s terms about the rules and laws. Or is it best to change the name of a company when used?

(example, if a towing company boards your boat and uses a pump they can ding you for the posted rates (What ever that is for the area - $150-250/ft of your boat size) and up to 40% of the value of the vessel. The kicker is that the rates do not change if the company performs the service in five minutes or ten hours.)

 

[oggbashan]

It is better to use a fictitious name to avoid any possible legal action.

Some people use "ACME" from the Looney Tunes cartoons.

Og

 

[jeninflorida]

It is better to use a fictitious name to avoid any possible legal action.

Some people use "ACME" from the Looney Tunes cartoons.

Og

thanks, I'm gonna live life on the edge and call BoatU.S. will be called BoatUSA ......since I'm so small I doubt that they would come after me

 

[Handley_Page]

thanks, I'm gonna live life on the edge and call BoatU.S. will be called BoatUSA ......since I'm so small I doubt that they would come after me

BOTEUSA ?

I didn't think I'd risk it!

 

[neonlyte]

I have a question about what I can say in a story. Can I use a company name in a story in a negative way? I have a true story about pirate on the seas called Boat US (subcontractors towing/salvage operators). This story is informative that boaters must know as most people do not read the little fine print in the towing/insurance contracts. My issue is that most maritime laws date back to the 1800 British laws, and people need to be informed in layman’s terms about the rules and laws. Or is it best to change the name of a company when used?

(example, if a towing company boards your boat and uses a pump they can ding you for the posted rates (What ever that is for the area - $150-250/ft of your boat size) and up to 40% of the value of the vessel. The kicker is that the rates do not change if the company performs the service in five minutes or ten hours.)

We have a local company called ThinkorThwim

 

[CMatthews]

There should be no discussion here about an authors ambitions
to create a story for another website!

This is Literotica and Literotica stories must contain erotica.

I am truly ashamed at oggbashan, jeniflorida, handley page and
neonlyte for attempting to give advice to someone that does not
intend to submit an erotic story to Literotica.

Shame on you!

 

[past_perfect]

Hm, I hope the Tupperware company won't come after us for putting it in our list of potential marital bliss enhancements.

 

[sr71plt]

In the U.S., you can get away with using almost any company name in any way you want in fiction as long as you spell the name as trademarked if you want the company to be directly identifiable. Of course the more negative you are on the company and its products, the more likely it is to be sued (which will still be close to a zero probability, with only a few companies willing to pursue this and then only when there is a profit to be made in the suit). The courts give a broad allowance for such use in fiction. You can't guarantee freedom from suit as anyone can sue for anything if they want.

The use of a slightly variant name is a bit more protective, but any company that chooses to identify itself in whatever name you use can sue on the basis that everyone will know it is their company you are knocking--and therefor their profit base being attacked.

 

[_Lynn_]

There should be no discussion here about an authors ambitions
to create a story for another website!

This is Literotica and Literotica stories must contain erotica.

I am truly ashamed at oggbashan, jeniflorida, handley page and
neonlyte for attempting to give advice to someone that does not
intend to submit an erotic story to Literotica.

Shame on you!

According to who?

 

[CMatthews]

According to who?

Nurse, nurse, I think someone is getting ready to kill me!

I don't like this fucking food! Get it away from me!

I want to talk to my Priest!

I don't care if I shit in my bed, just leave me alone!

Get away from me you fucking whores!

Carolyn

 

[Zeb_Carter]

Nurse, nurse, I think someone is getting ready to kill me!

I don't like this fucking food! Get it away from me!

I want to talk to my Priest!

I don't care if I shit in my bed, just leave me alone!

Get away from me you fucking whores!

Carolyn

Geez, someone needs stronger meds.

 

[elfin_odalisque]

In the U.S., you can get away with using almost any company name in any way you want in fiction as long as you spell the name as trademarked if you want the company to be directly identifiable. Of course the more negative you are on the company and its products, the more likely it is to be sued (which will still be close to a zero probability, with only a few companies willing to pursue this and then only when there is a profit to be made in the suit). The courts give a broad allowance for such use in fiction. You can't guarantee freedom from suit as anyone can sue for anything if they want.

The use of a slightly variant name is a bit more protective, but any company that chooses to identify itself in whatever name you use can sue on the basis that everyone will know it is their company you are knocking--and therefor their profit base being attacked.

What a complete load of ..., I would start by saying that if you bring any corporate name into disrepute you run the risk of being hounded to bankruptcy by corporate lawyers - not to make money, simply shut you up.

Legally, even if you mark the name as trademarked, if you are insulting or put the brand in a bad light, you'd better have chapter and verse to support what you say. And even then . . .

Profit is not an issue, sr is stupid. Protection of the brand is crucial and if any attack is spotted it will be attacked.

Ignore him, he has an agenda.

 

[_Lynn_]

Geez, someone needs stronger meds.

Big time.

 

[jeninflorida]

There should be no discussion here about an authors ambitions
to create a story for another website!

This is Literotica and Literotica stories must contain erotica.

I am truly ashamed at oggbashan, jeniflorida, handley page and
neonlyte for attempting to give advice to someone that does not
intend to submit an erotic story to Literotica.

Shame on you!

u missed the point! this story will be about erotica, but there will be a dark cloud cast on boatusa!!!! I will go back and read what I typed, but I'm pretty sure that I asked about the rules for literotica for a story to be posted on literotica. or worse case I implied it!

 

[Zeb_Carter]

u missed the point! this story will be about erotica, but there will be a dark cloud cast on boatusa!!!! I will go back and read what I typed, but I'm pretty sure that I asked about the rules for literotica for a story to be posted on literotica. or worse case I implied it!

Ignore Carol she's off her meds again and running round the hospital cause all the patients problems.

Carolyn get you clothes back on! Geez girl I didn't know you could bend that way?

 

[CMatthews]

Nurse, nurse, give me my medication now!

For the love of God, give me my medication!

 

[CharleyH]

It is better to use a fictitious name to avoid any possible legal action.

Some people use "ACME" from the Looney Tunes cartoons.

Og

lol, on the last part, Ogg, but I agree.

 

[_Lynn_]

I have a question about what I can say in a story. Can I use a company name in a story in a negative way? I have a true story about pirate on the seas called Boat US (subcontractors towing/salvage operators). This story is informative that boaters must know as most people do not read the little fine print in the towing/insurance contracts. My issue is that most maritime laws date back to the 1800 British laws, and people need to be informed in layman’s terms about the rules and laws. Or is it best to change the name of a company when used?

(example, if a towing company boards your boat and uses a pump they can ding you for the posted rates (What ever that is for the area - $150-250/ft of your boat size) and up to 40% of the value of the vessel. The kicker is that the rates do not change if the company performs the service in five minutes or ten hours.)

So make it easy and go to one of the numerous generators online and create one. This one is all about boats.

In the U.S., you can get away with using almost any company name in any way you want in fiction as long as you spell the name as trademarked if you want the company to be directly identifiable. Of course the more negative you are on the company and its products, the more likely it is to be sued (which will still be close to a zero probability, with only a few companies willing to pursue this and then only when there is a profit to be made in the suit). The courts give a broad allowance for such use in fiction. You can't guarantee freedom from suit as anyone can sue for anything if they want.

The use of a slightly variant name is a bit more protective, but any company that chooses to identify itself in whatever name you use can sue on the basis that everyone will know it is their company you are knocking--and therefor their profit base being attacked.

What a complete load of ..., I would start by saying that if you bring any corporate name into disrepute you run the risk of being hounded to bankruptcy by corporate lawyers - not to make money, simply shut you up.

Legally, even if you mark the name as trademarked, if you are insulting or put the brand in a bad light, you'd better have chapter and verse to support what you say. And even then . . .

Profit is not an issue, sr is stupid. Protection of the brand is crucial and if any attack is spotted it will be attacked.

Ignore him, he has an agenda.

From what I can understand reading about the fair use of trademarks, sr summed it up quite well.

 

[sr71plt]

Except that "fair use" provisions don't cover writing for profit. These are strictly for research and library material.

 

[_Lynn_]

Except that "fair use" provisions don't cover writing for profit. These are strictly for research and library material.

It was confusing but it mentioned writing fiction as well as non-fiction. Most of the time, I just find it so much easier to make something up, and know I'm safe. It saves the hassle of questioning is it or isn't it legal.

 

[bronzeage]

thanks, I'm gonna live life on the edge and call BoatU.S. will be called BoatUSA ......since I'm so small I doubt that they would come after me

This is how attorneys make their money. They are paid by the company to protect the name and image. They don't care how much you have.

 

[oggbashan]

How about "ACME Salvage Sharks, Inc"?

Og

 

[sr71plt]

This is how attorneys make their money. They are paid by the company to protect the name and image. They don't care how much you have.

Name ten company lawsuits over name protection. Then start looking at all of the times a company name is used in published material. Notice the difference?

This is "Chicken Little" concern.

 

[sr71plt]

There should be no discussion here about an authors ambitions
to create a story for another website!

This is Literotica and Literotica stories must contain erotica.

I am truly ashamed at oggbashan, jeniflorida, handley page and
neonlyte for attempting to give advice to someone that does not
intend to submit an erotic story to Literotica.

Shame on you!

Where does the OP say this is for a story that isn't going on Lit.?

 

[oggbashan]

There should be no discussion here about an authors ambitions
to create a story for another website!

This is Literotica and Literotica stories must contain erotica.

I am truly ashamed at oggbashan, jeniflorida, handley page and
neonlyte for attempting to give advice to someone that does not
intend to submit an erotic story to Literotica.

Shame on you!

1. There is a sticky at the top of the Authors' Hangout about Literotica Authors and their books, by definition published elsewhere since Literotica doesn't do books (except a couple of anthologies).

2. Literotica stories do not have to contain erotica. Why else is there a non-erotic category?

3. I'm not ashamed. Writing is writing wherever it ends up.

4. The original post does not say that the story won't contain erotica, nor that it won't be posted here. Even if it did, see 1, 2 and 3 above.

Unrepentant Og