I\u2019ve been doing some reading on using trademarks and real names in fiction, and what I\u2019ve ascertained is that for the most part, as a fiction writer, I\u2019m safe.<\/p>\n
Trademarks are generally used without the copyright symbol attached, as that takes the reader out of the make believe world that you\u2019ve written.\u00a0 Companies probably aren\u2019t going to come after you for trademark infringement, but you have to be smart about this.\u00a0 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?<\/p>\n
If you\u2019re 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.\u00a0 It\u2019s really as simple as that.<\/p>\n
As for real names in a story, the same situation is true.\u00a0 If you\u2019re going to use a public official or a well-known person, be careful of what you\u2019re saying.\u00a0 Dead people are a different situation, but if you tie something to a dead person\u2019s living relatives or friends, you could find yourself in trouble if they\u2019re still alive.<\/p>\n
In one story I am writing, a character meets the President of the United States of America to receive the Medal of Honor.\u00a0 They have a conversation.\u00a0 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\u2019m not representing the person in a negative way.<\/p>\n
What about non well-known figures?\u00a0 If you search the internet for your character\u2019s name, you will more than likely find many hits for that name by real people.\u00a0 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.<\/p>\n
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.<\/p>\n
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.\u00a0 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.<\/p>\n","protected":false},"excerpt":{"rendered":"
I\u2019ve been doing some reading on using trademarks and real names in fiction, and what I\u2019ve ascertained is that for the most part, as a fiction writer, I\u2019m safe. Trademarks are generally used without the copyright symbol attached, as that … Continue reading