Writers frequently ask whether they can mention brand name products and services in their fiction. The answer is
“yes
,” provided that you take some common sense precautions. … Keeping this principle in mind, it is evident why fiction rarely gives rise to trademark claims.
Can you use brand names?
You are able to use a brand or company name if what you are writing is based in fact
. … The test is not whether you would make money by using the trademarked brand but rather, how you’re using the brand to make money. This comes down to editorial use vs. commercial use.
How do you write a brand name in fiction?
Mentioning a brand name in a work of fiction is generally considered
fair
use* unless it goes so far as to infringe on the rights of the owner.
Can you use celebrity names in fiction?
No, sometimes it’s not. More and more courts are recognizing that celebrities are also self-made brands, and in some legal cases
the court has sided with the celebrity
. In other words, if the celebrity doesn’t like the way they’re being portrayed even in a fiction work, they may sue and the court may side with them.
Is it legal to use brand names in a book?
Editors are frequently asked whether it’s permissible for writers to mention product or business names in books. The short
answer is yes
. The long answer is be careful. By the nature of doing business, companies put their brands into the public forum and in fact usually appreciate publicity.
Can I mention Facebook in my book?
Can I mention Facebook in my book? Writers frequently ask whether they can mention brand name products and services in their fiction. The answer is
“yes
,” provided that you take some common sense precautions.
Can you mention a TV show in a book?
No permission is needed
to mention song titles, movie titles, names, etc. You do not need permission to include song titles, movie titles, TV show titles—any kind of title—in your work. You can also include the names of places, things, events, and people in your work without asking permission.
Do you need permission to write about someone in a book?
First, a simple rule. If what you write about a person is positive or even neutral, then
you don’t have defamation or privacy issues
. For instance, you may thank someone by name in your acknowledgements without their permission. If you are writing a non-fiction book, you may mention real people and real events.
Can you mention brands in a song?
Artists have used brand names in their lyrics for years and it’s because of this simple fact: brand names
will always invoke more imagery than any adjective ever can
. Try using a brand name in one of your songs.
Can you use another brand name in an ad?
In short, no.
The ACL will apply because using the name would be misleading or deceptive
. … If the Australian Competition and Consumer Competition (ACCC) finds that you have been misleading or deceptive, it may fine you and you could even have to rebrand, which is a costly process.
Do you need permission to use brand names?
By law,
you need not request permission to use a trademark belonging to another if
it is for an editorial or informational use. Trademark law protects distinctive words, phrases, logos, symbols, slogans, and any other devices used to identify and distinguish products or services in the marketplace.
Can I copy brand name?
With
trademark registration
, you can prohibit someone else from using the same design or logo as you do. If you find imitators copying your works, then you can follow the steps that are detailed below. In India, laws allow you to trademark any of the following or a combination of the following: Letter.
Do I need permission to paraphrase?
You DON’T need permission
:
To quote books or other works published before 1923. For news stories or scientific studies. Shorter quotes, references and paraphrasing is usually ok without permission. Copying large amounts of a story or study, however, may require permission from the writer or publisher.
Can I write a book about my life?
Writing and publishing a book about your life story is a bit of a different process from writing a novel or even writing about someone else. But your story is important. It’s your life. … This is your story; rather than developing characters for a made-up story, it’s your personal life you are sharing with readers.
How do I write a book without my name?
If you’re self-publishing a book, you can definitely use
a pseudonym
when writing and publishing your book. In fact, many indie authors use a pseudonym or nom de plume when they publish books in several different genres.
How much can you quote from a book without permission?
What is the amount and substantiality of the material used? The American Psychological Association allows authors to cite 400 words in single- text extracts, or
800 words in a series of text extracts
, without permission (American Psychological Association, 2010).
