Using a Name brand

[[deleted user]]

Hi Guys, I'm writing a rom/com, don't want to get into the erotica side of things so to add a bit of spice to the humour, I'm adding a scene which involves an Ann Summers Party, and a shop visit.

Do you know if this is allowed, tried doing an internet search but didn't come up with anything of value.

Cheers

[Dwayne, Head of Lettuce]

I moved your comment to the Author Help section.

A quick Google search brought this up:
http://www.rightsofwriters.com/2010/1...

In short, you're generally okay with mentioning name brand products, as long as you are not saying anything untrue about the product or anything derogatory.

[[deleted user]]

Thanks Dwayne :)

[April]

This is great info! I often wonder about this myself.

What's an Ann Summers Party? Is this a sex toy party, or something like that?

[[deleted user]]

Hi April, Ann Summers is a British multinational retailer company specialising in sex toys and lingerie, with over 140 high street stores in the UK, Ireland, the Channel Islands The Ann Summers-labelled products tend to be more erotic in style. They host female only parties to sell off the goods in the comfort of your home

[Shane]

The biggest thing is don't put song lyrics in your book unless you have permission or anything written that's copy righted.

In fact, Stephen King doesn't really use song lyrics anymore cause it costs so much. I think he wanted to use a chorus to a Jethro Tull song and it would of cost him $50,000! But in your book you can say "they were listening to Jethro Tull - You've got another thing coming." And with locations and products you can say, "the guy went to Walmart to pick up some Froot loops." But you don't want to paint a bad image. I wrote about a shoot out in a bank and was going to use Bank of America as the location but played it safe and made up my own bank name.

I've seen a couple self published books out there using song lyrics without permission... My advice is just don't do it.

[[deleted user]]

Great info, thanks Shane

[Adelaide]

I highly recommend this article by respected lawyer/attorney Kathryn Goldman who is US-based so you may wish to check with a UK lawyer if there are critical differences with UK law:
http://www.betternovelproject.com/blo...
Shane is right that copyright and trademark infringement share some similarities. I think what you're talking about DM may be able to be written as "fair use" of a product/service (eg. I can write about a character going to an Ann Summers party, but if a massacre happens at the party and it turns into a horror novel, that's not such a good look for Ann Summers and they might object!) This is covered in the article. It's a very useful article that I bookmarked and have gone back to a few times. Actually, Kathryn writes lots of guest blog posts which are dotted around the net and I found her to be very generous with her advice in the comments on several of the blog posts I stumbled across. I needed some legal advice for my novel and very seriously considered going with her as a result. I went with someone local in the end, but she works with writers and other artists a lot.

[[deleted user]]

Thanks Adelaide, this is brilliant

[Shari]

I'd always wondered about brand names too! Thanks for the info!

[Dwayne, Head of Lettuce]

One thing to remember about brand names, too -- and maybe everyone knows this, but just in case -- there are some brands of items whose names have become so popular, they've become synonymous with the product. A few examples off the top of my head: Kleenex, Band-Aid, Jell-O and Coke.

So, you could write that someone is eating Jell-O and enjoying it and you'd be fine, but if you want to say they started gagging and convulsing due to the weird chemicals put in it, you might want to make up your own brand name or just call it gelatin.

[Adelaide]

Agree with you there Dwayne. No matter how common usage they are, I'd be extra cautious about brands that are known for being aggressive in their protection of their turf. With those companies, even if I think my use of the brand/product/service falls under fair use and is fairly innocuous, I'd avoid using it at all and go with a fake brand. Hope that makes sense?

I think it always pays to play it safe. What's considered fact by one person, can be opinion to another. A "grey zone" example from my recent novel:
I wanted my heroine to be a comfort eater. She is from Australia, but visiting her sister in LA. She finds a Hershey's bar in the car and consoles herself with it after the "meet cute" with the hero doesn't go very well (the meet cute involves some vomiting babies!). I originally wanted to name the Hershey's brand and have the heroine say something in her inner monologue thoughts along the lines of "I had to settle for a Hershey's bar" and about how it tastes funny to Australians. There is plenty of commentary online about international tastebuds not caring for Hershey's!!! (and for the record, I think it tastes fine, but it's not my preferred - Cadbury all the way!!!) BUT I decided it was better not to name them specifically and just use the generic phrase "American chocolate." This is a case where I consider it factual that an Australian would find the taste of Hershey's odd, or perhaps not even like it, but it doesn't paint the product in the best light and so I decided their company may not like it.

[Andrew]

Adelaide wrote: "Agree with you there Dwayne. No matter how common usage they are, I'd be extra cautious about brands that are known for being aggressive in their protection of their turf. With those companies, eve..."

I had Jucuzzi [brand name] and switched to hot-tub.
Kleenex doesn't lose value when exchanged for tissue in my opinion.

I have several song writers and song titles only. No lyrics without permission and that can take a long time, even if it's free. [As stated above] I can make comments about the song. Maybe reference the mood of the music or a thought derived from the music.

[Tyler]

So, if my antagonist chokes on a Band-Aid that fell in his Jello, then dies from a ricin dusted Kleenex... I might consider re-writing that? [humor]

This is a very good thread with helpful material all writers should consider.

[Andrew]

Tyler wrote: "So, if my antagonist chokes on a Band-Aid that fell in his Jello, then dies from a ricin dusted Kleenex... I might consider re-writing that? [humor]

This is a very good thread with helpful materia..."

Haha. Actually, you have a little more rope writing parody and fan fiction. I'll see if I can find a wikipedia page buried somewhere in bookmarks.

Here is another good legal reference for authors.
Can I Mention Brand Name Products in My Fiction? And so much more.
http://www.rightsofwriters.com/2010/1...

Edit: Sorry Dwayne, I wasn't paying attention. I just dug it out of my bookmarks.

[Andrew]

The wikipedia link is embedded on the page above. Concerning brand names in parody - pushing the limits.

Glamorama
https://en.wikipedia.org/wiki/Glamorama

[Shane]

Andrew wrote: "Adelaide wrote: "Agree with you there Dwayne. No matter how common usage they are, I'd be extra cautious about brands that are known for being aggressive in their protection of their turf. With tho..."

See there ya go with synonymous products. I had a guy die horrifically in a Jacuzzi lol. I've just always called hot-tubs Jacuzzis. Had no idea it was a company. You learn something new everyday. Changing to hot-tub now.

Thanks.

[[deleted user]]

Thank you so much guys, I'm playing it safe and making up my own new brand name. ;)

[Andrew]

Shane wrote: I had a guy die horrifically in a Jacuzzi lol. I've just always called hot-tubs Jacuzzis...

Yeah, I don't think Jucuzzi included that in their sales pitch.

[Julie]

This is a wonderful thread. Thank you all. I assume the same rules hold true for non-fiction. Assume. Assume. Always dangerous.

[P.D.]

Don't forget that what words are trademarked varies from country to country as well. For example, Bayer lost the trademark to aspirin in the US, but in Canada, Aspirin is still trademarked by Bayer and should be capitalized. LOL.

[C.B., Beach Body Moderator]

You should be fine most of the time. Technically you can always get a cease and desist order if the company feels up to it.

However, as it is normally a bad idea to remove free publicity from anywhere you can normally get away with saying that Batman was someone's favourite comic book character. I would avoid having Batman show up and mule kick an old woman in the face though, that's a bad plan. (unless she was selling drugs to minors!)

Side Note: If Disney owns it, I would probably avoid it regardless. They own a lot and they are more protective than most (and have the funds to back it up!)

Now here is a fun thing! ^-^

We are authors. We make so many things up all the time! Why not make up our own names for the Soda in our worlds? Who knows... there have been real world versions made of Buzz Cola, Slurm, Nuka-Cola, Duff, and many other made-up brands. Hello cross-product marketing opportunity!

[P.D.]

And Butterbeer! Bertie Bott's Every Flavour Beans!

[Dwayne, Head of Lettuce]

C.B. wrote: "We are authors. We make so many things up all the time! Why not make up our own names for the Soda in our worlds? Who knows... there have been real world versions made of Buzz Cola, Slurm, Nuka-Cola, Duff, and many other made-up brands. Hello cross-product marketing opportunity! "

I do a lot of this in my work, especially in the humorous pieces... Luxurriott, Stor*Mart, Dairy Fairy, Happy Clown Burger, Chicken Dwarf...

[Tyler]

One of my favorite "conjured up" names for a particular store leaves little to imagine who I'm referring to....

STUF-MART!!!!

[C.B., Beach Body Moderator]

Dwayne wrote: "I do a lot of this in my work, especially in the humorous pieces... Luxurriott, Stor*Mart, Dairy Fairy, Happy Clown Burger, Chicken Dwarf... "

I am CB and I approve this message.