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jedimaster107
06-10-2007, 11:32 PM
Someone probably asked this question already. But i'll ask it again.

In a short story i'm currently revising, I mention several comic book companies. The companies are Marvel, DC, Image, Oni Press, Dark Horse and Veritgo (yes i know they are part of DC). The companies are just mentioned. Like here for example:


Dillian McDoorment was banned from the comic book industry after he flipped out when Image, Oni Press, Dark Horse and even Vertigo/DC had refused him.

I just want to make sure i could use them. If not, it wouldn't hurt the story if i reword it.

Thanks for the help :tongue

Stijn Hommes
06-11-2007, 12:04 AM
You'd have to be more specific about "flipped out" and show he's a clear nutcase. If you can do that, I don't think you'd have much of a problem. You could just say "all the big comic book companies rejected his work" or something like that. Your readers, assuming this is aimed at comic fans, will easily fill in the gaps.

jedimaster107
06-11-2007, 02:08 AM
You'd have to be more specific about "flipped out" and show he's a clear nutcase. If you can do that, I don't think you'd have much of a problem. You could just say "all the big comic book companies rejected his work" or something like that. Your readers, assuming this is aimed at comic fans, will easily fill in the gaps.

But the question was about mentioning the publishers. If i could do that or not.

Medievalist
06-11-2007, 03:01 AM
I'd make sure I was using the name correctly, and I would keep a list. You're going to have to talk to your publisher about it, when the work is accepted for publication.

Different publishers have different policies about trademark references (and that's what the names are). Keep a list though, since that will help later.

talkwrite
06-13-2007, 08:27 PM
Here in the U.S.you'd be oh-so wise to obtain permission in writing to use their names. Hopefully your editor will catch it and tell you the same thing. You want to also. It is a lot easier than facing the potential lawsuits that are so easy for these and any company named to file. I am a series editor, I have had authors who got the permissions and they are happily collecting royalties. This last week one did not and she is unhappily facing not two but possibly three lawsuits- here in the U.S.
From the trenches-
Talkwrite

loiterer
06-13-2007, 10:25 PM
So if my character decides to go around burning down MacDonald's stores in a protest against rampant capitalism, I'd be in big trouble?

writerraven
06-13-2007, 10:37 PM
So if my character decides to go around burning down MacDonald's stores in a protest against rampant capitalism, I'd be in big trouble?


:roll:

Sorry, that made me laugh.

jedimaster107
06-20-2007, 03:31 AM
I did some rewrites and the only comic book companies even mentioned now is Marvel and DC. Here is how I'm using the names:


From what I learned at the comic book forum sites, Dillin told the high ups at Gargoyle Comics that he had created a new super hero that would make Marvel and D.C. heroes look like wimps.

I even mention Superman, Batman, Spider-man and Captain America.

This story is a mystery that deals with comics.

BenPanced
06-20-2007, 04:59 AM
So if my character decides to go around burning down MacDonald's stores in a protest against rampant capitalism, I'd be in big trouble?
Yeah, there's a good chance of that happening. They have a PR machine that works around the clock to help protect their image and if there's even the tiniest whiff of negativity, you can expect their cadre of lawyers to ask you to come out and play.

James D. Macdonald
06-20-2007, 07:52 AM
I'm not 100% sure that you'd be in big trouble -- or any trouble at all -- for having a character running around burning McDonald's burger joints, at least from the trademark point of view.

What's more likely to get you in trouble is if the use of the trade name isn't vital to the story. Only use a name (or any other word, really) if the story won't work without it.

BenPanced
06-20-2007, 04:57 PM
I'm not 100% sure that you'd be in big trouble -- or any trouble at all -- for having a character running around burning McDonald's burger joints, at least from the trademark point of view.

What's more likely to get you in trouble is if the use of the trade name isn't vital to the story. Only use a name (or any other word, really) if the story won't work without it.
Yeah, I think you're right. It would probably have to be out and out slanderous/libelous (another one who can never remember the difference!) for them to take heavy action, more like "McDonald's burgers are made from sawdust and wood glue".