Generic terms, motorsport and landmarks

[ScrappyPaperDoodler]

I want to include two things in upcoming stories and hope I might get some insight on dos and don’t on using them/generic substitutes from the AH.

First, I’m hoping to have a (fictional) Formula One driver as a love interest. The sport is incredibly centralised and commercialised, making it hard to use generic descriptors without sounding clunky. I don’t believe referring to trademarked terms like 'Formula One' or the 'Grand Prix' in the story poses an issue in and of itself. Or, does it?

The alternative is to refer to 'open-wheel racing,' but that doesn’t sound very sexy. I’d probably have him drive for a made-up team, if that makes a difference.

Secondly, I want to write a sex scene that takes place in (on?) the London Eye. It’s both a landmark and a functioning business that advertises/trades under that name, so I’m unsure how to approach inclusion. This concern is specifically because there’ll be a sex scene. If the characters were just going for a ride on the wheel, I wouldn’t be worried. Again, there isn’t really a generic term that would be easy to sub into the text if that’s what’s required.

Any advice on how to proceed would be much appreciated!

 

[BobbyBrandt]

The formula one driver shouldn't be an issue, even if you use a real person as the character. I refer you to all the fictional stories on this sight involving real celebrities.

As I understand it, Formula One is a class of racing, akin to stock car and other types of auto racing. Grand Prix is a type of race in which Formula One cars are usually driven. I think you are perfectly safe using either term in your story.

If you are concerned about referring to the London Eye by name, you could refer to it as "the large Ferris wheel attraction along the River Thames" or something similar, although I wouldn't foresee any issues calling a spade a spade here either.

 

[Kumquatqueen]

A fictional team and driver in F1 sounds fine.

I can't imagine the London Eye management having any issues about written fiction including it. Something pointing out weaknesses in security theatre, maybe, but simply people having sex? Doubt it, given how many people have had sex on it. No, I haven't, thank you. Unless you suggested the CCTV operators were selling footage or something, I'd expect no issue at all.

 

[MelissaBaby]

I've used the names of real hotels, restaurants, etc., and never had any problems.

 

[ElectricBlue]

Just name the things what they are. Otherwise you end up talking about the city with the tall spiky tower, or the city with lots of tall buildings, because you get terrified of naming things. Nobody is going to sue you for using Formula One in a story.

 

[Rustyoznail]

Use the term Formula One. It may be trademarked now, but it's been known that for over 60 years. I doubt that a story referring to that will create any issues. There's plenty of novels in print that have crossed that line.

Oh, and F1 is the category. GP is the race itself. EG "Official site of the FORMULA 1 ROLEX AUSTRALIAN GRAND PRIX 2023".

 

[PennameWombat]

I want to include two things in upcoming stories and hope I might get some insight on dos and don’t on using them/generic substitutes from the AH.

First, I’m hoping to have a (fictional) Formula One driver as a love interest. The sport is incredibly centralised and commercialised, making it hard to use generic descriptors without sounding clunky. I don’t believe referring to trademarked terms like 'Formula One' or the 'Grand Prix' in the story poses an issue in and of itself. Or, does it?

Who knows what F1 would or wouldn't like, but, don't sweat it. I second your idea to use a fictional team, as that's getting more specific. But, IRL, there are a few borderline teams that come and go each season so having a new team wouldn't be out of place. Having them winning some races would throw the cat amongst the pigeons.

How do you become a millionaire in F1? Start with a few billion dollars...

To echo the other comments, 'Grand Prix' is simply a generic term that refers to each race in the series (and plenty of other sports use the term). The F1 world refers to each race via the location and/or course. So the other item, is whether you want to use real cities (not a worry) and course (some are dedicated tracks, others use city streets). I doubt you'd have an issue with using the real ones, just a note. F1 fans debate the attributes (positive and negative) of each course and fans and drivers have favorites. There are also often famous sections of the various courses that fans will recognize immediately.

The alternative is to refer to 'open-wheel racing,' but that doesn’t sound very sexy. I’d probably have him drive for a made-up team, if that makes a difference.

But F1 is not the exclusive 'open wheel racing.' In the US, most racing fans would associate the term with Indy-car racing, F1 is a niche interest in the US. Although, at a cursory glance, the cars might look similar, in details they aren't (e.g., F1 running a 1.6 litre turbocharged V6 engine but with various energy recovery devices that boost the horsepower above an Indy car, Indy a 2.2 (moving to 2.6) litre turbocharged V6, without the same devices. Indy uses six-speed forward/single reverse transmissions, F1 eight-speed forward/single reverse. And so on...)

Convergent evolution means there are parallels, like with the engines and transmissions, but plenty of technical differences. These lead to significantly different aerodynamic effects and that affects speeds. Side by side, F1 has more diligent attention to aerodynamics and while an IndyCar has higher flat out top speed (they're lighter), F1 can maintain higher speeds over more conditions.

I could go on. But I already see the folks streaming for the exits.

Secondly, I want to write a sex scene that takes place in (on?) the London Eye. It’s both a landmark and a functioning business that advertises/trades under that name, so I’m unsure how to approach inclusion. This concern is specifically because there’ll be a sex scene. If the characters were just going for a ride on the wheel, I wouldn’t be worried. Again, there isn’t really a generic term that would be easy to sub into the text if that’s what’s required.

Any advice on how to proceed would be much appreciated!

As with F1, you're right. But. I highly doubt anyone from the Eye will notice here. One fine point, your characters will be on the Eye, but you're not going to claim that the Eye forced them to get jinky. Well, maybe seeing the sprawling lights of a night-time London forced them...

I didn't go that far, but I did have some exhibitionism on the Eiffel Tower in a story. They fucked elsewhere though.

 

[ElectricBlue]

I think people seriously overthink this stuff.

Write the damn story, change a few details, use street names that you know aren't in your city, if you want to vague up your source locations, and go to Maccas if you're hungry.

Why people think lawyers are reading their stories looking for things to sue is beyond me. They're wankers, just like the rest of us. Besides, there's no money here, so who is ever going to bother?

 

[SimonDoom]

People often have a mistakenly restrictive idea of the brand names you can use in a story. Brand name owners have a legal right to prevent you from using their brand names in ways that might confuse the consumer, or dilute the strength of their mark, or throw their mark in disrepute. But beyond that they have no right to prevent you, wholesale, from referring to their brands. You are perfectly free to describe how your Literotica story character drives Formula One cars, drinks Coke, eats at Arby's, and searches for porn using Google. Every reasonable reader will understand that you are using the terms in ordinary, everyday descriptive ways.

In other words, there's no problem.

 

[TheRedChamber]

There's a good summary of using trademarks in fiction here.

The bottom line is it's highly unlikely anyone will notice and care and, even in the event that they do, the worst that would happen is you'd be asked to take the story down and repost with generic motorsport. The only risk you could be in is if you suggest the F1 organization is highly corrupt (it is, but...) or highly negligant regarding the safety of drivers or fans. Potentially I suppose you might get pushback if your character is so sexually deviant that it casts the company in a bad light.

I was interested and did some digging and found the corporate page here which gives the official position regarding its use of trademarks but it doesn't mention works of fictions, only reproduction of trademarks and race data by fans. Probably this is both because they know it is covered by fair use but they don't want (or legally need) to spell this out. Some key parts...

As a rule our trade marks cannot be used by third parties without a specific licence from us. However certain trade marks can be used editorially and by fans without requiring a license or permission from us where these Guidelines are adhered to.

“Fans” in this context mean individuals, groups or collectives including for example not for profit institutions such as fan clubs. For the purposes of these guidelines Fans will be those who follow FORMULA 1 events and are active in supporting the races but without doing so in a materially commercial manner, subject to our discretion.

Our Permitted Word Marks can be used editorially to report on and provide information about the FORMULA 1 events, including being used on front covers of publications/ website page so long as the use is to inform or report and not to brand the publications/website page and provided that such use does not create any unauthorised association or false affiliation between the Formula 1 companies, and third party businesses, brands, products and/or services.

Whenever using any of the FORMULA 1 Rights in compliance with these guidelines you must:

- be clear that what you are doing is not official, approved or endorsed by us or associated or connected with us;

- be respectful to the FORMULA 1 Rights;

- not be unlawful, deceptive, obscene, harmful or disparaging;

If the website is dedicated to the FIA FORMULA ONE WORLD CHAMPIONSHIP and is unofficial, such as Fan use, the website should contain the following disclaimer:

This website is unofficial and is not associated in any way with the Formula 1 companies. F1, FORMULA ONE, FORMULA 1, FIA FORMULA ONE WORLD CHAMPIONSHIP, GRAND PRIX and related marks are trade marks of Formula One Licensing B.V.

The disclaimer should be inserted in the footer of the landing and/or home page of the website.

 

[Djmac1031]

TV shows, movies and novels all use real world locations, all the time.

No one ever got sued for blowing up the Statue Of Liberty, I think you'll be okay with banging on the London Eye

 

[ScrappyPaperDoodler]

Thank you very much, everyone! Your input is extremely helpful!