I’ve been doing some reading on using trademarks and real names in fiction, and what I’ve ascertained is that for the most part, as a fiction writer, I’m safe.
Trademarks are generally used without the copyright symbol attached, as that takes the reader out of the make believe world that you’ve written. Companies probably aren’t going to come after you for trademark infringement, but you have to be smart about this. Are you simply mentioning a brand because it makes the story more descriptive, or is that trademark doing something that would be considered harmful to the brand?
If you’re going to write about a brand in a negative light, you may want to reword your material so as to not make a company mad and force them to come after you to protect their image. It’s really as simple as that.
As for real names in a story, the same situation is true. If you’re going to use a public official or a well-known person, be careful of what you’re saying. Dead people are a different situation, but if you tie something to a dead person’s living relatives or friends, you could find yourself in trouble if they’re still alive.
In one story I am writing, a character meets the President of the United States of America to receive the Medal of Honor. They have a conversation. The president I am referring to is now deceased, but if he were alive, I think what I have written would be acceptable in the fact that I’m not representing the person in a negative way.
What about non well-known figures? If you search the internet for your character’s name, you will more than likely find many hits for that name by real people. Chances are that if your story becomes popular, some of those people are going to find resemblances between your character and themselves, and that means you could find yourself heading for a lawsuit.
Because of this, it would be wise to include a statement in the beginning of your story that states that this is a work of fiction and that any references to living persons are coincidental.
Keep in mind that everything I have mentioned here pertains to America and are my thoughts, impressions and opinions and are not in any way legal counsel or advice. If anyone reading this finds any errors in my thoughts, please feel free to correct me via email or a comment here on the blog.