Naming a Dept Store by it's real name?

[PulpNonFiction]

Hi, In a story I'm writing I use the actual name of a famous department store. Should I use it's real name? Or should I create a fake name for that store? Thanks

 

[rescatooor]

Hi, In a story I'm writing I use the actual name of a famous department store. Should I use it's real name? Or should I create a fake name for that store? Thanks

Why not tell us which store this is? In Berlin you have a KaDeWe and I would not shy away from mentioning it by name if I were to write a story about the place. It's kind of a landmark.

 

[SimonDoom]

Yes, you can. There is no legal liability with that. If you were to describe the company that owns the store as being involved in criminal activity, that could be a problem, because it could be defamatory. But there is nothing wrong or illegal with narrating that your characters shop at Macys, or eat at McDonalds, or wear Louboutin shoes.

 

[rescatooor]

Yeah, I'd just recommend using common sense in these cases. If you have an erotica about a girl working in a real business in a real life small town, I'd be careful at least to make a a disclaimer that it's not about real people. I had a story a while back about a really small town (a real town) and it's revealed that the main character works in a school there (and just one school matching the description there). It was necessary to mention that the story is purely fictional.

But then again if it's a big employer nobody will start speculating whether there is some truth behind it.

 

[Qubiquitous]

In a story that I wrote that was set in a small Southern town I named several businesses-- each was either a national or regional enterprise with multiple locations-- Ben Franklin, F.W. Woolworth, Jefferson-Wards, Midland State Bank, Royal Crown, Atlantic Coast Line. I did it to give a sense of place and time, none of the sex scenes were in those places so I figured nobody would take offence.

The funny thing was about ten of the comments on the story were people trying to guess exactly which small town it was. Several were very close geographically speaking.

 

[TadOverdon]

In a story that I wrote that was set in a small Southern town I named several businesses-- each was either a national or regional enterprise with multiple locations-- Ben Franklin, F.W. Woolworth, Jefferson-Wards, Midland State Bank, Royal Crown, Atlantic Coast Line. I did it to give a sense of place and time, none of the sex scenes were in those places so I figured nobody would take offence.

Now I want to see a story with an orgy in a Walmart.

 

[Bramblethorn]

If your story mentions that your characters bought department-store stuff there, go ahead and use the real name.

If your story suggests that the department store has a secret basement used for kidnapping customers as sex slaves, might want to change the name.

 

[TarnishedPenny]

Now I want to see a story with an orgy in a Walmart.

Have you seen the people in Walmart? I’m going to have to bleach my eyeballs now.

 

[gunhilltrain]

Now I want to see a story with an orgy in a Walmart.

I'd like to read that one! A slightly more upscale crowd - just barely - than K-Mart.

John Updike did write a rather unflattering short story set in an A&P, then a real grocery chain.

 

[mynameisben]

Hi, In a story I'm writing I use the actual name of a famous department store. Should I use it's real name? Or should I create a fake name for that store? Thanks

I've gone both ways. I wrote one story that mentions a real store (WalMart), and another story that mentions a fictitious store (Carleson's Department Store). In both cases, the plot of the story necessitated my choice of fictitious vs. real store name. There is no legal impediment to using a real store name, thought, so choose as you best see fit. Giving that decision some thought is a good idea.


Ben

 

[LexxRuthless]

Now I want to see a story with an orgy in a Walmart.

That put me in mind of a bit by a southern comedian:

"My wife and I were seeing a sex therapist, and I got a prescription for Viagra. That evening, she was bent over getting a can of corn off the bottom shelf, and I could not resist. I took her right there on the spot! Of course, now we're not allowed back in that Wal-Mart."

To the original post, though, I have used real franchise names like Wal-Mart, Home Depot, Taco Bell and so on in many of my stories. It has never been an issue.

 

[KeithD]

In law, an actual company believing you were maligning their brand in print would have to prove in court that not only was your purpose to falsely and specifically malign them/their product but that in doing so you significantly caused them demonstrable financial harm. They'd also have to prove that you weren't parodying or critiquing them/their product (treatments that are specifically protected in law). That's a tall order, especially if they couldn't track you down to begin with.

That said, use of real places and products is commonly practiced in the mainstream without repercussion. No reason why it can't be done with erotica. I do it all the time to bring authenticity to the work.

 

[gunhilltrain]

In law, an actual company believing you were maligning their brand in print would have to prove in court that not only was your purpose to falsely and specifically malign them/their product but that in doing so you significantly caused them demonstrable financial harm. They'd also have to prove that you weren't parodying or critiquing them/their product (treatments that are specifically protected in law). That's a tall order, especially if they couldn't track you down to begin with.

That said, use of real places and products is commonly practiced in the mainstream without repercussion. No reason why it can't be done with erotica. I do it all the time to bring authenticity to the work.

This story from a while back my be relevant.

https://www.cnet.com/tech/services-and-software/spider-man-can-alter-times-square/

But that was the Sony Corporation being sued, and the litigants knew that they have deep pockets. I can't imagine anyone bothering with some obscure author on a free literature site.

 

[oggbashan]

I used a real product as the main hook for a story on Lit. It was rejected. I rewrote it without mentioning the product name. It passed, but about three months later it was erased, presumably because someone complained, Although I hadn't used the name in the second version, anyone could guess it because only one company makes it...

 

[MillieDynamite]

Little trivia tidbit here, Law & Order (the whole franchise) turned the cans of soda to the side, so the brand could be inferred by the viewer from the color of the cans, but the logos were never shown. When the Original Law & Order went in to syndication with TBS (I think) they made a deal with Coke-a-Cola and all the cans proudly showed the Coke logo. And Mister Wolfe got himself big fat checks from Coke-a-Cola!

 

[KeithD]

I used a real product as the main hook for a story on Lit. It was rejected. I rewrote it without mentioning the product name. It passed, but about three months later it was erased, presumably because someone complained, Although I hadn't used the name in the second version, anyone could guess it because only one company makes it...

That would have been by Web site choice, not by any legal necessity. Since I regularly use real product and place names in my stories, it's also not a uniformly applied site practice.

And now the anecdotal misinformation starts to roll out.

 

[oggbashan]

That would have been by Web site choice, not by any legal necessity. Since I regularly use real product and place names in my stories, it's also not a uniformly applied site practice.

And now the anecdotal misinformation starts to roll out.

I didn't think it was a legal necessity but someone probably reported it. I also use product names such as Lycra frequently but that story was all about the sexual misuse of a particular product. Without the product? There was no story.

 

[gunhilltrain]

Little trivia tidbit here, Law & Order (the whole franchise) turned the cans of soda to the side, so the brand could be inferred by the viewer from the color of the cans, but the logos were never shown. When the Original Law & Order went in to syndication with TBS (I think) they made a deal with Coke-a-Cola and all the cans proudly showed the Coke logo. And Mister Wolfe got himself big fat checks from Coke-a-Cola!

Yeah, I've heard that product placement in movies and such has become a very big deal. I'll have to dig up the article. It's hard to believe that someone would buy a soda based on what is shown on a TV show, but people are more suggestible than they realize about that. Just ask Don Draper.

It used to be that TV shows would only use cars from a certain company, and there would be a mention in the credits thanking them for supplying the vehicles. And if Burt Reynolds drove a Trans-Am, would that improve Pontiac sales? I guess so. It even made it into a Bruce Springsteen song.

 

[MillieDynamite]

In Superman II Marlboro paid big bucks for a cigarettes truck of theirs to be destroyed in the war between Superman and the Kryptonian criminals. and it has snowballed since then.

 

[PulpNonFiction]

Saks Department Store & Miss Saks

Many thanks to all for your thoughtful responses! In my story, a young wife strikes up a friendship with a cosmetics consultant who works in this store. I nickname that consultant “Miss Saks”. What the two girls do together takes place at a private party and is not illegal. So, it looks like I’m okay.

I agree with Gunhilltrain who said, “I can't imagine anyone bothering with some obscure author on a free literature site.” This is my first story, so, I’m about as ‘obscure” as you can get.

Also, MillieDynamite, mentioned the product placement deal with Coke-a-Cola. When my story is adapted to a screenplay for a Hollywood movie, I’ll keep that in mind. Heh, heh, heh.

BTW, the story is called “The Science of High Heels” and will be publishing it in the "Exhibitionism" forum in couple of weeks.

If anyone wants to wander over there to read it, I will welcome your comments; either there or you can PM me. I’m still climbing the learning curve. So, I welcome constructive criticism.

Again, thanks to all for your help. I was stuck and your help is very much appreciated.

 

[MillieDynamite]

Many thanks to all for your thoughtful responses! In my story, a young wife strikes up a friendship with a cosmetics consultant who works in this store. I nickname that consultant “Miss Saks”. What the two girls do together takes place at a private party and is not illegal. So, it looks like I’m okay.

I agree with Gunhilltrain who said, “I can't imagine anyone bothering with some obscure author on a free literature site.” This is my first story, so, I’m about as ‘obscure” as you can get.

Also, MillieDynamite, mentioned the product placement deal with Coke-a-Cola. When my story is adapted to a screenplay for a Hollywood movie, I’ll keep that in mind. Heh, heh, heh.

BTW, the story is called “The Science of High Heels” and will be publishing it in the "Exhibitionism" forum in couple of weeks.

If anyone wants to wander over there to read it, I will welcome your comments; either there or you can PM me. I’m still climbing the learning curve. So, I welcome constructive criticism.

Again, thanks to all for your help. I was stuck and your help is very much appreciated.

Oh, thank you so much for the product placement of my name, maybe I'll get a reader or two from it

 

[Zeb_Carter]

Now I want to see a story with an orgy in a Walmart.

You don't need to read about it, just go there when there is a sale on women's xxx large underwear and what happens. YIKES!

 

[gunhilltrain]

In Superman II Marlboro paid big bucks for a cigarettes truck of theirs to be destroyed in the war between Superman and the Kryptonian criminals. and it has snowballed since then.

I think most people are unconscious about their buying decisions. It's not quite that they immediately think of Superman, but when they are in a store and see an array of products, they are confused and go for a name they recognize.

I'm so poor that when I go into Dollar General, I usually buy the house brand if they have it - it's called Clover Valley.

Now, do you think I should apply for a job at an advertising agency?

 

[gunhilltrain]

You don't need to read about it, just go there when there is a sale on women's xxx large underwear and what happens. YIKES!

That's an orgy of shopping. He meant an orgy of sex!

 

[MillieDynamite]

I think most people are unconscious about their buying decisions. It's not quite that they immediately think of Superman, but when they are in a store and see an array of products, they are confused and go for a name they recognize.

I'm so poor that when I go into Dollar General, I usually buy the house brand if they have it - it's called Clover Valley.

Now, do you think I should apply for a job at an advertising agency?

According to Mum, there were a plethora of marketing placements in Superman 2! It's been some time since I saw it, now I'll have to dig out my copy and give it a go again. Since it's the second one, I have two very different ones to view and I may need to watch them both.

To bad the directors cut didn't salvage the scene of Clark Kent not turning into Superman when she jumped out the window to prove he was. Instead he blew her where she landed on a cloth veranda and bounced a few times with no damage. I'd love to see that scene.