Rules & Trademarks...

You probably shouldn't do this. Invent a new name. You could ask Wendy's for permission, but they'll probably want to approve what you write and take some of your money.

Yeah, the alternative is sucking up totally and milking them for money ( ). Call it something else, and websearch that something else to death too, just in case.

What they said.

Uh, I respectfully disagree.

I've read scores of novels in which characters worked at real restaurants, attended real colleges, got their cars fixed at real dealerships, visited real shopping malls, and so on. If your portrayal of Wendy's and its employees is not negative and is fairly accurate, there shouldn't be any problem.

Maryn, contrary type

I'm with Maryn. I wouldn't think it would be a problem. (I have a few brand names in my novel; they did change "Xerox machine," however, to "photocopier.") The only reason it would be a problem is if you cast the restaurant in a bad light somehow, had the MC griping about working there, etc.

It's really doesn't matter, though. I'd have the character working at Wendy's, and if your publisher wants to change it later to Bobby's Burger Hut, then cross that bridge then.

I second Maryn and Will. It should not be a problem as long as you're not saying anything bad them.

Maryn said:

Uh, I respectfully disagree.

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Maryn is right. Proper names, places and things are used everyday in novels. My thrillers are filled with them. If you want your character to stay at a Hilton or drink Absolut or watch American Idol, or drive a BMW, don't hesitate. Those are real life elements for which your reader can relate. Just be aware of not holding them in a bad light. Your publisher's legal department will send it back to you for a revision. Good luck.

If you portray Wendy's in a neutral or positive light, you're good.

If you portray Wendy's in a negative light, expect trouble.

I have tons of real places and products in my published work, and that was all vetted by a Big 5 publisher's lawyer. Will Lavender's had the same experience.

In other words, Star, write your novel like this:

"John" worked in Wendys, a fabulous fast-food restaurant, serving terrific tasting and extraordinarly healthy cuisines. The decor of the store was out of this world, too. The best thing of all was how nicely his boss treated him, taking him aside several times throughout the day and giving him great, big

Or, you could call it Judy's. Does anyone remember those??? ISTR it was early 1980's when a chain of restaurants opened up by that name. One of them said on the marquis "Try our square hamburgers." I saw one only a mile or two down the road from a Wendy's and I intended to see how closely the insides looked like Wendy's (the outsides were so similar it was a hoot), but they closed before I ever did. I later heard the story of Wendy's shutting down "Judy's" restaurants with a lawsuit because the whole everything-about-it was so similar, and obviously patterned off Wendy's restaurants.

Then there's Fuddruckers, "The World's Greatest Hamburgers" (they probably make the world's biggest hamburgers anyway), they have a big sign inside saying how no cameras are allowed, that the format, layout, decor, everything is under copyright, trademark, and probably patent protection too... I woudn't dare mention their name, and I hesitate to use it in this post...

... and how can I not say a gratuitous "Where's The Beef?"

It certainly is a big bun.

I remember reading Animorphs. The way to the bad guys' lair was to go to a McDonalds and order a 'happy meal with extra happy'. Everyone who worked at Micky D's was a bad guy, in essence.

IceCreamEmpress said:

If you portray Wendy's in a neutral or positive light, you're good.

If you portray Wendy's in a negative light, expect trouble.

I have tons of real places and products in my published work, and that was all vetted by a Big 5 publisher's lawyer. Will Lavender's had the same experience.

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Awwww.... And I was going to ask if I should use MySpace in my third book.

You can always use MyFace or SpaceBook. You're not fooling anyone, but they can't sue.

Star said:

Greetings Fellow Writers,
I want my character to work at Wendy's. I haven't read many contemporary novels (I'm stuck in the classics), so I'm not sure if this can be done without legal issues. Please advise!

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I don't see a problem here--you don't need their permission because they don't own the word "Wendy's" or the right to talk about Wendy's restaurant. What they own is a trademark--the right to call a restaurant "Wendy's." The right to call a burger a Wendy's whatever-burger (I am not familiar with the names of their menu items, but you see what I mean). The right to put "Wendy's" on a soft drink cup for use in a restaurant. Etcetera. You can't sell restaurant or food-related items with that name--only they can; that's what a trademark means.

But you can certainly talk about Wendy's. You don't need permission or licensing for that. The rights of trademark holders are limited, because of the First Amendment--they can't stop people from talking about them.

The only thing to worry about would be libel, and although it's hard for me to imagine a situation where they would win a libel case against a fiction writer, you might as well avoid that whole area. So, don't write that Wendy's mixes ground rats into their burger meat, or whatever--don't write really bad lies about them, in other words.

PS, I'm a lawyer.

As noted previously, the problem isn't trademark, it's libel. You can certainly have a character eat at Wendy's or buy something at Wendy's or talk about a craving for a Wendy's product or whatever. You can even have a character who thinks Wendy's burgers aren't as tasty as McD's burgers. None of that is libel.

For something as major as the protagnist's job, though, I would suggest going with a fictional version of the company. The thing is, it's hard to tell what a company might consider libel. For example, let's say your story has a really horrible boss who engages in sexual harrassment. Now, it's unlikely that Wendy's will sue over that, but if they wanted to, the argument would be that the book portrays Wendy's as a company that condones sexual harrassment, which is libelous. And then there are even less clear cases -- let's say there's an employee who's just a jerk, or there's an employee who's an atheist or an employee who's a radical libertarian. Those would be even harder to prove as being libelous, but the cost of defending, even against a bogus claim, is substantial. (Oh, and don't forget, it's the AUTHOR who pays these defense costs. How much of a risk taker are you?)

So, me, I'm hugely risk-averse (part of my legal training), and presumably publishers (who listen to their lawyers) are too. So, where it's such a potentially major part of the story, and it's impossible to tell exactly what a major corporation would consider libelous, and it's expensive to defend a libel suit, I would recommend a fictional version of the workplace, unless you decide that all those risks are worth taking, because it's just that important to name names. In other words, if your whole point is an expose of Wendy's floor-mopping technique (or whatever), then of course you'll mention the real company, and make sure you've got your facts right. On the other hand, if the point is simply that the character is working a minimum wage job in the food industry, and is embarrassed -- not by the menial nature of the job, but by the ghastly commercials the company uses -- then it doesn't really matter if it's Wendy's or McD's or BK or something you made up.

JD, not giving individual legal advice, just general information