When writing a book, can you use name brands and actual places without permisison?

Question

Hi! an example is if I wanted to write...

"Ms. Jones ordered a Sprite"
or
"We went to McDonalds"

I haven't started writing yet, but I really would like to write a book, just as a hobby.

Answer 1

The Lanham Act permits a non-owner of a registered trademark to make "fair use" or "nominative use" of a trademark under certain circumstances without obtaining permission from the mark's owner. The fair use and nominative use defenses are to help ensure that trademark owners do not prohibit the use of their marks when they are used for the purpose of description or identification. Fair use or nominative use may be recognized in those instances where a reader of a given work is clearly able to understand that the use of the trademark does not suggest sponsorship or association with the trademark owner's product or services and therefore is not being used in a manner to confuse the reader.

Answer 2

People are close-minded and use stereotypes. I think it's a bit...crazy to hate a store or brand name. I mean, really? It's just a store....don't shop there and move on with life. There are much more important things in the world to be concerned with than some popular brand name. In my opinion, some things at those stores are too low in quality for the prices...but I'm not going to dwell on it and obsess over it. I'll shop somewhere else and move on with life. It's not that big of a deal, people. Yes, you're right, most skate brands as well as other popular teen clothing stores sport logos, not just Aeropostale/Hollister/ect. People are hypocrites, unfortunatley. To all the people saying it's not unique to shop there: Do you honestly think that YOU'RE unique when there are over 6 billion people on the planet? As long as they're happy with the way they dress, it shouldn't be a problem. Even if some of the "popular" kids who wear those clothes are mean to you, you should dislike the person, not despise the clothing and judge everyone who wears it as being the same...that is very childish and ignorant.

Answer 3

Here again, you need the advice of a literary attorney. They would have to read the piece and make the call. If it is a casual reference, usually it is fine, however if they see any chance that the reference may be deemed slanderous, libelous, or malicious, you will have to lose it. You can refer to a person going to a fast food restaurant by name usually, but if you refer to it as a "roach infested rat trap that hadn't seen the business end of a mop since Nixon was in the White House", you would be better off to use the phrase "local burger joint" and let the reader use their imagination. Personally, I have done it both ways. You will need to hire a legal attorney to review this before sending it out to agents or publishers. They don't want to get involved in litigation - they would sooner just reject the work. Pax - C

Answer 4

Of course you can. Just naming something in a book is not copyright infringement. "Johnny went for the coke he was drinking on the table".

Most name brands actually pay the author (if it's a popular author) for the advertising.

When using real items and places, make sure to have your facts straight.

Answer 5

Yes, you can name brands and places without asking permission.

If you want to mention real people, that is where you need to be careful.

You can make a reference to someone, such as "so-in-so was a fan of ______". Or "we got _______ autograph. She talked to us for ages."
But if you make personal coments, or are defametory about someone, then you risk getting sued!

This includes your family and friends. If you ever want to use people you know, change all names AND identifying details ~ don't make references to specific real situations.

Answer 6

I think so. I just read a book by the author of The Devil Wears Prada, and she referred to Planned Parenthood and also mentioned the town on Poughkeepsie, NY. But now that I'm thinking about it, you may need to contact the head corporate and tell them that you are writinga book and want to include them in it. You may need to provide info. on how you will be portraying them in the book.

Answer 7

Ask you editor about that.He/she should take care of that stuff.As for the places do you mean places as example : Disney land etc or you talking about places like say city names

City names would be OK but the Disney land and others would fall into the same category as people

What you writing about?

Good luck

Answer 8

Sure.Ever notice how people use brand names to ask for what they want,regardless of whether or not it's the actual product?When folks want a dark brown carbonated,sugery beverage,they ask for a Coke(whether it's Coke or Pepsi isn't the point,people know what you're asking for.it's like"Public Domain"you can use it without fear of prosecution

Answer 9

Yes

Answer 10

not really. i woulndt if i were u, depending on how the book is published, if its some local one, u might be able to get away with it. but if its like something thats going to be big, no. same with the cooking shows, they always cover up the name or put a fake one on.