Common Brand Name Usage

[SmilingLez]

Good evening, friends. My WIP is to the point that OnlyFans will start to be part of the story.

The question is - would it be safe to use the OnlyFans name in the story, or should I make up a name while keep it close enough that readers will know what I'm referring to? I supposed the question could be for any copyrighted brand name of any product or service.

Thanks in advance.

In my latest free verse flash fiction hybrid Sixty Minutes, I emailed Lovense to ask if could include their vibe Ferri. They said no problem.

 

[ronde]

Good evening, friends. My WIP is to the point that OnlyFans will start to be part of the story.

The question is - would it be safe to use the OnlyFans name in the story, or should I make up a name while keep it close enough that readers will know what I'm referring to? I supposed the question could be for any copyrighted brand name of any product or service.

Thanks in advance.

Per the Congressional Research Service, a service that provided information to the US Congress, a trademark, which is what a brand name is, is not protected unless it is used in commerce in a manner that creates confusion. In other words, unless you "invent" a website in your story and call it "OnlyFans", there is no violation of the trademark laws. It's the same for any brand name that's trademarked. You can freely sprinkle trademarked brand names throughout your stories as long as you don't name another product with the same trademarked name.

There have been cases where the use of a "trademarked" feature of a product by another manufacturer resulted in a lawsuit. One that comes to mind is when Gibson guitars sued Dean guitars for using the specific body shapes trademarked by Gibson. I believe Gibson also sued a Japanese guitar manufacture over the use of the "open book" detail of the headstock. Gibson won the lawsuits because the shapes created confusion about which guitar was a true Gibson and which wasn't.

 

[OddLove]

I'm ten episodes into a Femdom series that has a dominatrix who earns a living selling content on OF. Never had a story rejected for it, never been contacted by anyone who had a problem with it.

In Erotica, OF is just another career choice. It's about as normal as a character being a Uber Driver or working at Walmart.

Like others mentioned, just be careful about slandering and defaming whatever company your characters work for.

 

[PapaRomantic]

I really appreciate all of your comments. I'm still working on the story and I know which way I'm going to go. I'm going to say only nice things about OF.

 

[PapaRomantic]

I have one more OF question. I'm just about to the end of the story and I want it to be as authentic as possible.

I don't have OF and probably never will. Is there a way that subscribers can comment on videos created and uploaded on OF? My guess would be 'yes,' but I don't know for sure.

Thanks in advance.

 

[Voboy]

I have one more OF question. I'm just about to the end of the story and I want it to be as authentic as possible.

I don't have OF and probably never will. Is there a way that subscribers can comment on videos created and uploaded on OF? My guess would be 'yes,' but I don't know for sure.

Thanks in advance.

This is why I don't generally use brand names, lol.

I've got my own in-universe social media platform. It can do anything I need it to do, and yes it includes something like OnlyFans' functionality. This will also help make my stories more resistant to the vicissitudes of the tech industry: when OF inevitably loses its market share to some successor in six or seven more years, I wouldn't want my story to seem dated. Like a 2026 Lit story where the main characters communicate on Facebook. Or even [gasp!] Myspace.

 

[Troublemaker35]

I do a brand-free way of approaching things in my story. Brands come and go and change, and some gain a negative connotation over time, so if your story is going to be read five, ten, twenty years from now, you don't want the story to seem dated, or worse, "ick".

And I'm always worried about a trademark claim if I use an actual corporate name. Are the chances minuscule? Yes. But it still bothers me.

I'll tend not to reference actual celebrities or studios, once again because someone that is hot and culturally relevant now will be "Who?" five years from now.

I don't mention actual restaurants or establishments, just a "he made reservations at a nice, nearby restaurant."

Sports teams are alluded to only by their city or location. Except college teams. They don't move, they rarely change names, and public schools are less likely to be a pain in my ass than a private institution.

 

[Kumquatqueen]

Not to be confused with Dulux, unless it's really quick drying paint. Could have interesting hydraullic effects at the critical moment.

I mean... there's plasticiser in the exterior paint, so it would probably function for that purpose. Perhaps the company could boost flagging sales by advertising perfect-fit condoms you paint on, as part of foreplay?

Maybe for next year's Geek Pride?

 

[Actingup]

I mean... there's plasticiser in the exterior paint, so it would probably function for that purpose. Perhaps the company could boost flagging sales by advertising perfect-fit condoms you paint on, as part of foreplay?

Maybe for next year's Geek Pride?

Sadly, I'm going to make myself unavailable for that product testing gig.

 

[Five_Inch_Heels]

Sara Lee Evans is very, very, very popular young lady.


Nobody doesn't like Sara Lee.

 

[anthrodisiac]

Sara Lee Evans is very, very, very popular young lady.


Nobody doesn't like Sara Lee.

Guess I'm nobody... A) No idea who that is, B) Looking it up, found out it's country music.

I need my women growling at me, or I'm just a morose little bird.