Brand name usage question #94753 - Pet names

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Carrie in PA

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My MC is getting a cat. It's black & white (& read all over *groan*) and she's naming him Oreo.

I don't want to use a different name (stubborn as I am), so I'm just curious how y'all would weigh in on this.

I'm assuming there's no legal issue to using the brand name Oreo as a pet name?
 

cree

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I refuse to answer because I think you need a less over-used pet name.
And, uh, I don't know the answer.
:)
 

sammyig

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The only time, I believe, you get into trouble is calling something by a brand name- like in this case- the cookies.

Legally, you can have a band name called Oreo. Unless the name in question is trademarked- if that is the case, it might be a different situation altogether.
 

Carrie in PA

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cree said:
I refuse to answer because I think you need a less over-used pet name.
And, uh, I don't know the answer.
:)

LOL! I know it's overused. But it's cute.

She's going to name the other one Chips Ahoy (Chip for short). :D My MC is a freak. A lot like me. :D

Thanks Sammy, that's what I was thinking.
 

jpserra

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Which way?

Carrie in PA said:
My MC is getting a cat. It's black & white (& read all over *groan*) and she's naming him Oreo.

I don't want to use a different name (stubborn as I am), so I'm just curious how y'all would weigh in on this.

I'm assuming there's no legal issue to using the brand name Oreo as a pet name?

Black on the outside and white in the middle. How would you know?

As I understand the law, it is generally excepted if you are using it as a name.


JPS
 

Tallymark

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I don't think there should be any issue. A name is just a name, and you're not using it in a way that has any real relationship with the company. It's the sort of thing that a real person would name a cat, so you're just reflecting real life, same as someone in a book might buy a can of coke at the vending machine. I think the only real issue would be if you were saying something about the company--like, if you said your main character owned the Oreo factory. Or if you said something bad about it, like Oreos cause cancer.

But, I'm not down with the legalalities of the issue, so I'm not 100% certain. ^_^;
 

Maryn

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My understanding is that you'd be in the clear on this. What you don't want to do is use the word Oreo in a way that could be seen as reflecting badly on the actual product.

Although I'd have gone with the more esoteric Hydrox.

Maryn, who's like that
 

Haggis

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As long as you pull it apart and lick off the insides first, it should be okay. :D
 

Del

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As long as it isn't damaging. I'd use it as you describe. It doesn't actually reference the cookie company.

someone in a book might buy a can of coke at the vending machine

In this case I would certainly capitalize Coke, but either of these are petty grievances and litigation would surprise me. The indemnity would be too small to pursue. A waste of time.
 
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