| Author |
Message |
    
Mary Erickson
Awareness Member
Post Number:
5
Registered: 04-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, May 03, 2004 - 09:05 pm: |   |
In the manuscript I'm working on, which is fiction, I use names of actual places, e.g. MacDonalds, Taco Bell, etc. I also wonder if I can say my protagonist is a columnist for an actual newspaper. Can't find anything on this under trademark information on the web. Does anyone know the answer or where to look?
Mary |
Todd Hunter
Unity Member
Post Number:
1482
Registered: 02-2003
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, May 03, 2004 - 09:22 pm: | |
If it's vitally important to the story that the locations take place in McDonald's or Taco Bell, then I would research a little farther. I wouldn't see a problem with using them, as long as you weren't devaluing them...the same thing could be asked about using the names of handguns (which are products of companies)...or cars...
But if the locations are not vital, simply rename them to something similar (The Taco Shack, or something along those lines), and have them serve similar food...
Same would probably hold true for the newspaper...though if there is going to much of the protagonist's work life shown in the book, they might frown on that (because it's going to be to hard to miss having at least SOMETHING negative in all that writing)...
Logically, I would think they wouldn't care unless it somehow cost them (meaning, prevented them from making) money...but that's just a personal thought, and in no way an interpretation of law. |
Laurel Johnson
Unity Member
Post Number:
2942
Registered: 01-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 04, 2004 - 05:40 am: | |
I would think that unless what you say is libelous you could use any trade name you want. But I am certainly not learned on the subject. |
LaurieAnne
Unity Member
Post Number:
1408
Registered: 12-2001
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 04, 2004 - 07:07 am: | |
Dude,
USE IT!
Once it's in print, any controversy created by the use of the name, ESPECIALLY is the company decides to sue, guarantees a BEST SELLER!
Hell, if you could manage to get the corporate offices merely to send a press release stating that they were CONSIDERING suing, you would get enough free publicity from just THAT to end up on the top of the 'most wanted authors' list.
But then, what do I know? LOL
LA
LaurieAnne
|
Mary Erickson
Awareness Member
Post Number:
7
Registered: 04-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, May 05, 2004 - 09:40 am: | |
Thanks for all your input. I've looked under trademarks, copyrights, public domain, but can find nothing. I used to work for a lawyer who was always wanting me to find cases on quirky questions. I could never find anything, so maybe this means it's okay. I kind of like LaurieAnne's approach.
Mary |
Dennis Collins
Mindsight Moderator
Post Number:
861
Registered: 06-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, May 05, 2004 - 11:38 am: | |
In my latest book I used the actual name and URL of a Detroit Newspaper without giving it a second thought. However I didn't get into the intimacies of having one of my characters employed there. To my way of thinking, it can only be good for the newspaper. Can't imagine them griping. |
Todd Hunter
Unity Member
Post Number:
1489
Registered: 02-2003
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, May 05, 2004 - 03:05 pm: | |
Only if your main character uncovers a nefarious plot by the paper to destroy the world, or something similar...they might object to that... |
Erica Adams
Awareness Member
Post Number:
19
Registered: 05-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, August 10, 2004 - 09:43 pm: | |
In my book "Innocent Heart", I mentioned KFC. I mentioned that the food was good so I reckon I won't "get in trouble."
Tanutoo
Erica Adams
Innocent Heart
www.authorsden.com/ericaadams |
Gary D. Kessler
Wandering Member
Post Number:
121
Registered: 07-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, August 10, 2004 - 10:33 pm: | |
Yes, you can use names of real places as you wish. Trademarking only means that you have to spell the name as it is trademarked. (And you don't have to put that "tr" in a circle behind the name.)
There's always a danger that someone will sue you if they don't like the way you treat their business (on the off chance they even connected with your book). But anyone can sue anyone else for anything. There's just little chance they could win. (And some authors push the envelope, hoping they will be sued to add to the promotion of the book.)
An example: In his latest book (chapter 13), Tom Clancy, describes in detail a terrorist attack on a shopping mall in Charlottesville, Virginia--a real shopping mall, and he explains the vulnerabilities of real stores in that mall. The Charlottesville City Council has made rumbling sounds, but their lawyers say there isn't a single thing they can do about it. (The background on this is interesting. The author John Grisham is home based in Charlottesville--has just moved into an office there and lives about twenty minutes south of there. Grisham has started a campaign to get authors to decrease the violence in their books and has pointed to Tom Clancy as using gratuitous violence in his writing. Clancy's response was to have terrorists demolish a shopping mall in Grisham's home base in the next book he wrote. And no one can do anything about it.)
http://www.editsbooks.com
"Finding Go: Matching Questions and Resources in Getting Published" (with Carol Kluz; Winterwolf, September 2004) |
Trina Green
Wandering Member
Post Number:
126
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, August 11, 2004 - 07:15 am: | |
It's fiction you may use any name, place etc to write your story. Even if the storyline is negative. It's fiction! |
Olen Armstrong
Wandering Member
Post Number:
246
Registered: 06-2003
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, August 11, 2004 - 12:43 pm: | |
You COULD cover yourself by using the name, but NOT using the name
(how Kerrey-esque that sounds!)
I use "McArnold's" and EVERYone will knows what I'm talking about, but NOT talking about.
"TACO SHACK" in place of "TACO BELL"
"CFC-Country Fried Chicken" or "KCC- Kentucky Cooked Chicken"
I've used "Tal-Mart" and "J-Mart" with minimal description. EVERYone gets it. But I never said it.
Or just make up your own name and describe it briefly. Every pot-bellied
drive-thru junkie in America will get it.
Just a thought.
Later,
Olen A.
"The truth is out there....
but...you can't HANDLE the truth!!" --Jack Nicholason's illegitimate alien baby |
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