Is it allowed to use branded names in stories?

Phoenix_Writer · Feb 24, 2018

Hello Community,

So, I think you will agree with me on this. When I write a girl wears Gucci shoes you think she is rich, don’t you?
Branded names are a good way to tell how the lifestyle of a character is.—What does he/she like? How much money have the characters? Where does she/he live?
But I ask now: Is this allow?
I mean they got a copyright.
However, I read often it. A big player in this technique is Rick Riordan. To make his teen characters realistic he uses brands. For an example, Percy Jackson drinks in his camps, when Mr. D (aka. Dionysus) dish up some tins, Pepsi.
Can you answer me this question? Is it legal or illegal to use branded names in my stories?

Bye,
Phoenix_Writer

Harlequin · Feb 24, 2018

My understanding is it depends on the brand and how you're using it.

If your technothriller relies on Google algorithms as part of the plot and heavily features Google infrastructure, I'd call it something else. Bit different from opening a can of pepsi.

If you aren't self publishing I would just write it and talk to an agent about it if you get one. If you are self publishing, discuss with your editor.

OneWhoWrites · Feb 24, 2018

Yes, it's perfectly legal to use branded names in your story. The only way I could imagine you getting in trouble is if you somehow implied you owned or created the brand, or spread slanderous remarks in the guise of truth, but you probably don't have to worry about that.

Bufty · Feb 24, 2018

OneWhoWrites said:
Yes, it's perfectly legal to use branded names in your story. The only way I could imagine you getting in trouble is if you somehow implied you owned or created the brand, but you probably don't have to worry about that

But not a good idea to have your drug dealer peddling his stuff while riding a boat round in circles to the maddening tune of 'it's a s*all world' you know where.

RedRajah · Feb 24, 2018

Bufty said:
But not a good idea to have your drug dealer peddling his stuff while riding a boat round in circles to the maddening tune of 'it's a s*all world' you know where.

Peddling overpriced concessions and souvenirs, on the other hand, is totally OK.

The Urban Spaceman · Feb 24, 2018

Phoenix_Writer said:
When I write a girl wears Gucci shoes you think she is rich, don’t you?

No.

You tell me she owns a luxury yacht and an island in the south Pacific, and I'll think she's rich. You tell me she wears Gucci shoes and I think she's got a credit card with a high spend limit. Or maybe she stole them, or was gifted them, or forewent eating for three weeks to buy them.

cmhbob · Feb 24, 2018

It's not a copyright on the brand name, but a trademark. They're handled differently.

And there was a thread recently in Bewares, Recommendations & Background Check (I think) about a publisher that doesn't allow any brand names in their books. I think they're the exception though. Basic rule: if you're going to portray the brand in a bad light, you're probably better off creating the brand.

clintl · Feb 24, 2018

I've read many stories and books that mention brand names. So it shouldn't be a problem.

Dave.C.Robinson · Feb 28, 2018

As a general rule, if you use the brand name in a way that represents the brand in a similar fashion to the way the company does you're probably okay. For example, one of the characters in my pulp adventure series drinks Coke, which I mention by name. However, what I don't do is imply anything other than the fact that this character finds Coke to be a refreshing beverage.

That kind of usage is generally okay. The problem comes up when you associate the brand with something negative.

Cyia · Feb 28, 2018

Your characters can enjoy a Coke at McDonald's. The Coke cannot serve as the carrier of a disease that jump starts the zombie apocalypse, nor can Ronald McDonald come to life and go on a rampage against meat-eaters.

Your characters can go to the latest Star Wars movie, so long as R2-D2 doesn't leap off the screen and join them in their adventures, etc, etc, etc.

Murffy · Feb 28, 2018

I figure it would be pretty much anything goes in fiction. In the realm of journalism, you could write an opinion piece dissing Coke all you want with little or no danger of legal liability (short of maliciously using false information). One's opinion of Coke is protected speech. Maybe the standards are different somehow with fiction but I would think, if anything, they would be even more permissive. Of course, maybe the question is more what would publishers touch.

Cyia · Feb 28, 2018

Murffy said:
I figure it would be pretty much anything goes in fiction. In the realm of journalism, you could write an opinion piece dissing Coke all you want with little or no danger of legal liability (short of maliciously using false information). One's opinion of Coke is protected speech. Maybe the standards are different somehow with fiction but I would think, if anything, they would be even more permissive. Of course, maybe the question is more what would publishers touch.

No. No, and a million times NO!

INAL, but I am a writer who's mentioned trademarked items.

An opinion piece isn't the same thing as writing a piece of fiction that you then plan to profit from. Maligning a brand can damage it - even with a fictional mention of that thing being used for nefarious purposes. Damaging a brand, and profiting from it, is violation of the trademark holder's rights.

AW Admin · Feb 28, 2018

It depends.

Some companies are litigious in the extreme, and have buckets of attorneys on retainer. They might as well sue. It's not really going to cost them.

Does it really matter if you name names? Generally, it doesn't. Show the wealth, don't tell it.

Don't rely on protected speech as a defense. It's doesn't necessarily apply, and it has to be proven in court. That means time and money, and lawyers.

Also? We're not attorneys. We can't give legal advice. But you could certainly look at some recent trade published fiction and notice how brands and trademarks are used — and not use.

Is it allowed to use branded names in stories?

Phoenix_Writer

Harlequin

Eat books, not brains!

OneWhoWrites

Bufty

Where have the last ten years gone?

RedRajah

Special Snowflake? No. Hailstone

The Urban Spaceman

Existential quandary

cmhbob

Did...did I do that?

clintl

Represent.

Dave.C.Robinson

... with the High Command

Cyia

Rewriting My Destiny

Murffy

Cyia

Rewriting My Destiny

AW Admin