Question regarding brand names in writing

[Guest]

I've started a humorous story for winter contest, however, before I get too involved, I would like to know if there are any 'rules' to using a brand name?
Any writerly advice is welcome.

 

[entitled]

IMO it would be better not to use actual brand names. Instead use something similar enough that people could tell what it is in your mind without possible infringement on any rights.

 

[yui]

I've started a humorous story for winter contest, however, before I get too involved, I would like to know if there are any 'rules' to using a brand name?
Any writerly advice is welcome.

I used brand names in Sex & Candy and it's posted here and in the anthology complete with the brand names. There are rules, but I don't know exactly what they are and I don't know if trademarks fall under all that "fair use" jazz.

I don't know, I guess is what I'm saying.

Helpful, neh? *slinking off*

 

[Stella_Omega]

I'm pretty sure it's allowed under the same "parodies" rulings that allow us to use celebrities in our fiction.

 

[Guest]

i hear ya ent. i was thinking that very same thing, only it grabs me the wrong way and i want to use the store name...


yui~
you could type an entire post of just one letter and it would seem deeply profound to me.

 

[Guest]

I'm pretty sure it's allowed under the same "parodies" rulings that allow us to use celebrities in our fiction.

i guess im ganna hafta stop being so lazy and seriously look it up. i would hate for my story to be declined because it contained a store's name

 

[yui]

yui~
you could type an entire post of just one letter and it would seem deeply profound to me.

I'm considering becoming a Disciple of Vella.

Is there some sort of initiation?

Please, Ancestors, let there be one. *fingers crossed in hope*

 

[Liar]

One thing though. If the brand name is a website url (as "yahoo.com" or "chickswithguns.xxx", which in a way are their brand names) Lit might not allow it.

If you want to write "I took another sip of my Diet Coke" or "She bent me over the hood of her Ford Fiesta and promptly yanked down my panties", I can't see any problems with it.



Oh, and yui.... the line starts....


...over...


...there. ------------------------------------------>

 

[lil_elvis]

vella,

I can't believe that it would not be allowed. I've certainly read enough mainstream published novels with references to brand names, restaurants, stores that exist in r/l. Just don't overdo it - too many references to Prada, Meiman Marcus, etc. gets boring and exhibits a certain amount of sloth on the part of the author.

 

[Guest]

thanks, all for your input. I think I might just use the nick name 'Wally World' instead of Walmart and play it safe. I only intend to use it once at the beginning of the story but the entire story is based on the store itself...so i can't leave it out.
crossing fingahs and hoping the story actually gets written and submitted.

 

[impressive]

I've started a humorous story for winter contest, however, before I get too involved, I would like to know if there are any 'rules' to using a brand name?
Any writerly advice is welcome.

I used brands in the story (Erotique) which Phaze just published. They expressed no concerns whatsoever with the mention of Snapple and Little Caesars. Of course, they weren't praising or slamming the brands -- just part of the scenery, so to speak. Still, if they were a problem, I imagine the publisher would (should) know & edit them out.

 

[Guest]

I used brands in the story (Erotique) which Phaze just published. They expressed no concerns whatsoever with the mention of Snapple and Little Caesars. Of course, they weren't praising or slamming the brands -- just part of the scenery, so to speak. Still, if they were a problem, I imagine the publisher would (should) know & edit them out.

thanks impster.
however, if the word was yanked, the story wouldn't make much sense...i COULD try to write it without the name and just put heavy hints in there ...but god, thats like work! I like the nick name and i think that alot of people are familiar with it so it should....should be ok? hrm.

 

[dr_mabeuse]

thanks, all for your input. I think I might just use the nick name 'Wally World' instead of Walmart and play it safe. I only intend to use it once at the beginning of the story but the entire story is based on the store itself...so i can't leave it out.
crossing fingahs and hoping the story actually gets written and submitted.

They used "Wally WOrld" in "National Lampoon's Vacation" movie and you might confuse people. Call it "Mallmart" and everyone will know what you mean.

"Swillmart" might be good too. (Does anyone else ever think of it as a consumer feeding trough?)

 

[Guest]

They used "Wally WOrld" in "National Lampoon's Vacation" movie and you might confuse people. Call it "Mallmart" and everyone will know what you mean.

"Swillmart" might be good too. (Does anyone else ever think of it as a consumer feeding trough?)

That is exactly the thought process for this story, a consumer pit of despair. I hadn't thought of National Lamoon...sigh...i had forgotten all about that. Bummer. You are right, though. Implication might have to be enough. Can't use 'blue light specials' because the store will be confused with Kmart...a failed 'consumer feeding trough.'
Perhaps a moment when they stare up at the giant blue lettered sign, gaping in awe.
For sure, food for thoght.
Thanks, Dr. M.

 

[Liar]

They used "Wally WOrld" in "National Lampoon's Vacation" movie and you might confuse people. Call it "Mallmart" and everyone will know what you mean.

Or Mallwart.

But really...why? If you mean Wallmart...why not say Wallmart?

 

[oggbashan]

I have used trade names in some of my stories but I put a disclaimer in my copyright notice. e.g Wonderbra, Lycra.

If the whole story is about a supermarket I think it would be difficult to use a real supermarket name such as Walmart, Safeway etc. Even an invented name might offend.

Try googling for a potential name before using it.

One of the reasons that I chose 'oggbashan' as a nom de plume originally was that I had NO google hits with it. I would find hundreds now. I have registered it as a .com website but not used it yet.

Og

 

[yui]

Oh, and yui.... the line starts....


...over...


...there. ------------------------------------------>

My, Liar, what a big line you have!

I suppose that the line is something like ...

*Vella*--*Liar*--------------*adoring masses*----------------------*Yui*-->

Hrumph!

Just because I want you, Liar, doesn't mean I'm above throwing down on you to steal your place in line. I'll be the chick, in earmuffs and pink mukluks, throwing snowballs at you.

 

[Colleen Thomas]

I've started a humorous story for winter contest, however, before I get too involved, I would like to know if there are any 'rules' to using a brand name?
Any writerly advice is welcome.

I avoid brand names. It's my understanding thre is a character for the little R symbol and TM symbol. I believe if you use these symbols to denote a trademarked or copyrighted brand name or slogan, you are in the clear.

 

[Liar]

If the whole story is about a supermarket I think it would be difficult to use a real supermarket name such as Walmart, Safeway etc. Even an invented name might offend.

Again I ask...why?

 

[Liar]

My, Liar, what a big line you have!

I suppose that the line is something like ...

*Vella*--*Liar*--------------*adoring masses*----------------------*Yui*-->

Hrumph!

Just because I want you, Liar, doesn't mean I'm above throwing down on you to steal your place in line. I'll be the chick, in earmuffs and pink mukluks, throwing snowballs at you.

Honestly, I can't see either the beginning or the end from here. I'm not sure I'm even in the right line.

 

[oggbashan]

Again I ask...why?

1. Because we are writing erotica and the association might offend a company that promotes 'family values'.
2. Because the company's name is owned by them. Misuse can lead to a court action against you and they have money and company lawyers.
3. Because they can pursue an action against you and most of us do not have the resources to defend such an action.

There is a difference between mentioning a product or trade name in passing such as 'She ordered a Diet Coke' and writing a whole story based around a particular supermarket. No one is likely to be upset by the mention. A critical story, or a story suggesting that the company's employers are having raunchy sex in the storerooms, might attract the company's lawyers and then the writer cannot win.

Og

 

[R. Richard]

I did some research on the use of brand names. The first thing I found was that there are lawyers who make their whole living on protection of brand names.

The general practice is that a normal, respectful reference is not a problem. If your character takes a swig of Coke or eats a Hershey bar in a normal story setting that is permitted use, even if your character is the bad guy. In my own stories I occasionally have a character use a brand name to develop the character. A character who drinks scotch is one thing, a character who drinks Glenfiddich is another. Each the foregoing is use of the product.

If you have a character who DEVELOPS a soft drink that has a known and widely advertised brand name, expect communication from a lawyer.

As Colly has pointed out, there are special characters that identify something as a brand name, trademark or copyrighted item. However, it is often difficult and inconvenient to use the symbols. Who knows what ALT/number sequence produces a copyright symbol? In any case, some web sites will not accept extended ASCII characters.

 

[Liar]

1. Because we are writing erotica and the association might offend a company that promotes 'family values'.
2. Because the company's name is owned by them. Misuse can lead to a court action against you and they have money and company lawyers.
3. Because they can pursue an action against you and most of us do not have the resources to defend such an action.

There is a difference between mentioning a product or trade name in passing such as 'She ordered a Diet Coke' and writing a whole story based around a particular supermarket. No one is likely to be upset by the mention. A critical story, or a story suggesting that the company's employers are having raunchy sex in the storerooms, might attract the company's lawyers and then the writer cannot win.

Og

But, I can obviously do the same with perons? Or else there would be no celeb section of Lit.

 

[Liar]

As Colly has pointed out, there are special characters that identify something as a brand name, trademark or copyrighted item. However, it is often difficult and inconvenient to use the symbols. Who knows what ALT/number sequence produces a copyright symbol? In any case, some web sites will not accept extended ASCII characters.

Not sure about USA, but here, those are not mandatory to use in a text. Niether fiction or journalism (yes, there's a difference ) Companies often also want to spell their stuff in odd ways. Like the EPSON AcuLaser™ printer I have beside my desk right now. I'm writing a review of it for a magazin, and will spell it Epson, not EPSON, because that's the zine's policy on how to spell brand names.

 

[oggbashan]

But, I can obviously do the same with persons? Or else there would be no celeb section of Lit.

See disclaimer section on celebs stories. It may be OK in the States and not necessarily so in other countries.

[Edited to add]: A novel 'The Girl on the Swing' by a famous UK author had to be withdrawn and pulped because he used an unusual name for one of the characters and someone of that name exists and objected. First editions with the unamended name are worth more than First editions with the changed name. The difference is that the book was published and sold - unlike Literotica.

I think that established a legal precedent in the UK that it is actionable to use a name in fiction that few real life people have. A character called 'John Smith' could refer to so may people that there would be no cause for a particular John Smith to claim that his, and only his, name was being used. [End of Edit]

Og