Using Brand Names In Stories

[ReaderPaul]

1 hour ago, Ron said:

Yes. Although the example I gave doesn't include music in the disclaimer. So, I'm not sure why you bring it up?

Using song lyrics, such as having a character listen to or sing along with, song lyrics, can be sticky if the copyright owner or publisher decides to pursue it and make an example of someone.

[E K Stokes]

On the topic of brand names I had a central theme in my last story about the fashion industry where the search was on for the new face of Ardmani, problem was the spell checker kept correcting it to the real name 🤣  I wonder how many people even noticed and how many just read it as the real name?

[LJCC]

On 12/11/2024 at 8:02 AM, Jason Rimbaud said:

I think I already know the answer to this, but is there an issue with using real world business, such as Pizza Hut or McDonalds in our writing? Or should we just make up our own restaurants, business, hook up apps?  Thanks 

 

J

When writing fiction, public spaces offer a blank canvas. Writers are free to dismantle, distort, and reimagine these settings as they see fit. But when it comes to privately owned locations, the rules shift, and a certain level of tact becomes necessary. You may choose to set a story in and around Disneyland, for instance, but you must ensure readers understand that you are not speaking on behalf of, or misrepresenting, the Disney Corporation. Cory Doctorow’s Down and Out in the Magic Kingdom is a masterclass in this delicate balance—clearly inspired by the cultural monolith of Disney, yet distinctly not a “Disney book.”

Brands and corporations, however, present a more nuanced challenge. Including a character ordering a Coke at a restaurant? No problem. Crafting a character who is an ardent fan of a specific Adidas sneaker? Perfectly acceptable. You could even explore a character’s deep-seated aversion to a brand:

“I loathe Adidas sneakers,” Bob muttered. “They remind me of the day I was mugged for my shoes in New York City. Now, if you’ll excuse me, I need to relive this trauma in that corner over there.”

But this latitude has its limits. Suggesting, for example, that Coca-Cola spikes its products with mind-control drugs is a step too far, veering into defamation territory. For such storylines, inventing a fictional company is the safer route. Similarly, depicting Adidas sneakers as the standard-issue footwear of a fascist regime could land you a cease-and-desist letter. While parody might provide some legal protection, it’s a thin shield to hide behind.

Also, I don't think any major company or private entity would spare an effort with their legal team to write a cease-and-desist letter to an amateur writing online site regarding the mention of their product, brand, or company. The key component one must realize is:

• Your story must be defaming the brand.
• Your work is earning you money (meaning, your work is traditionally published). 
• You're not some famous writer that such companies you've mentioned in your novel are highly aware of your presence.

If you're none of those, then you're safe. The chances of that happening are a literal needle in a haystack. It's possible if the company or brand is being an a-hole. But expecting Pacific Market International (PMI), a subsidiary of the HAVI Group (company who owns Stanley Cup), to sue you because your character, for example, took a dump inside a Stanley Cup (as a form of humor that it acts as a multi-purpose tool) is very, very, unlikely.

Just imagine all those Nifty stories posted out there online and not a single one of them having concerns about copyright. All I'm saying is that restricting yourself to avoid future lawsuits by not naming anything specific and realistic in your story is already a bad sign and might deter you from writing further. 

Edited December 24, 2024 by LJCC

[Jason Rimbaud]

5 hours ago, LJCC said:

When writing fiction, public spaces offer a blank canvas. Writers are free to dismantle, distort, and reimagine these settings as they see fit. But when it comes to privately owned locations, the rules shift, and a certain level of tact becomes necessary. You may choose to set a story in and around Disneyland, for instance, but you must ensure readers understand that you are not speaking on behalf of, or misrepresenting, the Disney Corporation. Cory Doctorow’s Down and Out in the Magic Kingdom is a masterclass in this delicate balance—clearly inspired by the cultural monolith of Disney, yet distinctly not a “Disney book.”

Brands and corporations, however, present a more nuanced challenge. Including a character ordering a Coke at a restaurant? No problem. Crafting a character who is an ardent fan of a specific Adidas sneaker? Perfectly acceptable. You could even explore a character’s deep-seated aversion to a brand:

“I loathe Adidas sneakers,” Bob muttered. “They remind me of the day I was mugged for my shoes in New York City. Now, if you’ll excuse me, I need to relive this trauma in that corner over there.”

But this latitude has its limits. Suggesting, for example, that Coca-Cola spikes its products with mind-control drugs is a step too far, veering into defamation territory. For such storylines, inventing a fictional company is the safer route. Similarly, depicting Adidas sneakers as the standard-issue footwear of a fascist regime could land you a cease-and-desist letter. While parody might provide some legal protection, it’s a thin shield to hide behind.

Also, I don't think any major company or private entity would spare an effort with their legal team to write a cease-and-desist letter to an amateur writing online site regarding the mention of their product, brand, or company. The key component one must realize is:

• Your story must be defaming the brand.
• Your work is earning you money (meaning, your work is traditionally published). 
• You're not some famous writer that such companies you've mentioned in your novel are highly aware of your presence.

If you're none of those, then you're safe. The chances of that happening are a literal needle in a haystack. It's possible if the company or brand is being an a-hole. But expecting Pacific Market International (PMI), a subsidiary of the HAVI Group (company who owns Stanley Cup), to sue you because your character, for example, took a dump inside a Stanley Cup (as a form of humor that it acts as a multi-purpose tool) is very, very, unlikely.

Just imagine all those Nifty stories posted out there online and not a single one of them having concerns about copyright. All I'm saying is that restricting yourself to avoid future lawsuits by not naming anything specific and realistic in your story is already a bad sign and might deter you from writing further. 

very informative and it does clear up the remainder questions. My post though, wasn't about if major brands would come after me, but I didn't want to have to change anything to be able to post my story to GA. I do hate having to go back and further edit a story I've edited a bunch of times already. But thank you for the info regarding my liable to the greater world at large. I'm still going to use Wolfr, because that makes me laugh.  

J

[LJCC]

5 hours ago, Jason Rimbaud said:

My post though, wasn't about if major brands would come after me, but I didn't want to have to change anything to be able to post my story to GA.

But isn't that the reason why some writers change the real names of companies or entities in their novels or stories in fear of getting a lawsuit—that's why you posted this on copyright?

Otherwise, all of us wouldn't be changing a thing in the first place if the world ran on, perhaps, different rules and mechanics. 😂

There's a part(s) of my novel where I previously mentioned SnapChat but then changed to SnapApp because I suddenly felt the cold wind of, 'Be careful what you write for,' whilst not changing a thing when mentioning some lyrics of Adel as mentioned in a particular scene. Probably because Adel likes the gays and I could grovel at her feet if she does sue me.

Like I'd literally want to put some, er, companies in my story/ies if it would shed light on their shitty practices. But then again, I really don't want them suing me for fifty cents while paying $10,000 for a litigation team. 

But anyway, glad it worked out for you. And glad I could help. 😄