Editor says that "all copyrighted/trademarked items must be removed."

I would find a dashed out name wildly annoying as a reader.

Wesley_S_Lewis said:

An editor for The Wild Rose Press requested my full manuscript but included the condition that "all copyrighted/trademarked items must be removed."

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Huh. I wrote a historical romance where characters used Grossmith perfume, Bryant and May matches, Wild Woodbine cigarettes, and so on. I don't know whether these are still in use, but I wonder how such a publisher would react to defunct brand names.

It's purely hypothetical, though, because based on a couple of other things I've seen, I wouldn't query this particular press.

I have an editing contact who was toying with the idea of doing some work for Wild Rose Press and decided against it for Reasons (which I obviously can't go into on a public forum). I have no reason to suppose that they aren't legit as a publisher, but they might not be the most fun outfit to work with. I would steer away if I was in your shoes.

A long time ago, I wrote for New Concepts Publishing (which I'm not sure is even around anymore) and one of their editors requested I remove brand names. In that case I think it was the name of a car (changed from "a gray Honda" to just "a gray sedan.") I thought it was odd but it was a minor change so I just did it. I don't think that's happened with any other publisher. And I see brand names in fiction all the time. I just finished a YA novel where the characters went to Starbucks and made a big deal out of getting pumpkin spice lattes, and they talked so much about it that it was kind of annoying; I don't think it was actual product placement, but it kind of felt like it.

It may be a case of small publishers being paranoid because they can't afford to get sued, but it does strike me as kind of ridiculous. We live in a world saturated with brand names. Trying to avoid them entirely feels artificial.

The Otter said:

It may be a case of small publishers being paranoid because they can't afford to get sued, but it does strike me as kind of ridiculous. We live in a world saturated with brand names. Trying to avoid them entirely feels artificial.

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And the mere mention of brand name IS BY NO MEANS illegal. Period. Many many many writers do it all the time, and at the top of this list would be Stephen King.

caw

Even in film, the use of real trademarked products is protected. There was an incident a couple years ago where some vodka company didn't like that that a movie about an alcoholic showed their product as his preferred brand, but the judge threw the case out. As long as it's "artistically relevant" it is protected, in the US at least.

I've worked with several publishers including one of the big five and I've never been told or asked to remove brand names. Not once. I'm sorry but if I was asked to go through and remove brand names from a manuscript for a publisher it sure as heck wouldn't be for this publisher.

Marian Perera said:

Huh. I wrote a historical romance where characters used Grossmith perfume, Bryant and May matches, Wild Woodbine cigarettes, and so on. I don't know whether these are still in use, but I wonder how such a publisher would react to defunct brand names.

It's purely hypothetical, though, because based on a couple of other things I've seen, I wouldn't query this particular press.

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I wouldn't query them either because of the low sales alone. Certainly no one I would change a manuscript for.

I wrote an article once that talked about a "rum and Coke." Publisher told me I couldn't use "Coke" because it was trademarked. Didn't argue, the drink is a Cuba Libre anyway.

But I have only been asked to change trademarks after the fact, not before.

Jeff

Wesley_S_Lewis said:

Editor said:

<<Why we don’t use trademarks or copyrights in our stories:

Any use of trademarks or copyrighted names or references can result in liable action against you by the companies or persons you have referenced. None of the liability rests with The Wild Rose Press, Inc. Any fines or monies involved will rest solely on you, the author.

In the past, something of a similar nature occurred with one of our authors, but thankfully, the company in question agreed to a settlement with no legal action. We stood by her and aided in any way we could, but in the end the liability rested with her as we do not write the words, we only have rights to publish the work.>>

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My response:

Thanks for the prompt response, XXXXXX.

Unfortunately, this requirement and its explanation are a little too far outside traditional publishing norms for me to feel comfortable proceeding with TWRP. I do, however, appreciate the time and consideration afforded my manuscript.

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That is the proper response. Good on you for not putting up with nonsense.

The whole point of trademark is to prevent confusion in the marketplace. It does not give the mark holder absolute control over the trademarked name. Since you're not putting out a competing product, trademark does not come into play at all. So have your characters drink their Coca-Cola and watch Netflix and shop at Walmart.

For all that, have your characters say that McDonald's burgers suck, that you only need three things to make Budweiser (a bottle, a funnel, and a horse), and that a muddy cadre of shaved pigs could produce better music than Green Day. In the US, at least, opinions are not libel, especially not the opinions of fictional characters.

Avoid actual libel, of course--don't claim that McDonald's uses dangerous pesticides in their burgers or that Budweiser kills dozens of workers every year from unsafe work conditions or that Green Day is a front for a traveling pedophile ring.

I missed that the OP posted their response further in the thread so hadn't read it until now. Oh please. That response they gave makes no sense. Also they are double-talking. If any issues that arise from this falls on the author then why would TWRP even care if authors used trademarks or copyrighted names??? If they claim they wouldn't be in trouble for what an author does they wouldn't care in the first place.

Anyway, their stance is definitely not the norm and sounds more like publisher trying to cover its butt in case something happens. And also sounds like the people at TWRP know jack about laws concerning copyright or trademarks.

Wesley_S_Lewis said:

Thanks for the responses, cornflake, amergina, and veinglory. I have a follow-up question:

Is it weird for a publisher to make this type of request before looking at the full manuscript? Isn't this the type of change that would normally be worked out in the editing process?

SIDE NOTE: The more I look through my manuscript for trademarked names, the more it dawns on me how this request undermines the authenticity of my story. I did a lot of research into what type of gun or airplane would be needed for a required task, but those are trademarked names, which means I would need to discard the fruits of that research, in favor of fictional makes/models.

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My understanding is that it is unusual. Do you know of others who have successfully used this publisher? And if so, can you talk with them. This request sounds out of left field.

Just saw the followup message by OP.

That's quite sad. Seems they are a publishing service and have no idea how copyright/trademark works. If it were as they stated, no opinion piece anywhere (blog, newspaper, etc) would ever be able to mention any product or service for any reason. Worse off, just saying/writing the word "apple," a generic fruit, could leave them open to someone alleging they meant the company Apple, and thus trademark infringement. Wouldn't be able to say Kleenex though its the common word now for handkerchief, etc. and so on. So many words wouldn't be mentioned just because of potential fear of confusion.

As stated above, trademark is to avoid market confusion surrounding products and services. Remember, Apple tried making the letter "i" trademarked to them on all products and mentions anywhere, and they were told to take a hike.

You did the right thing, OP. Walk on. Best of luck.