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	<title>Comments on: Robert? Can I use actual trade names in my story?</title>
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	<link>https://habitablezone.com/2011/11/09/robert-can-i-use-actual-trade-names-in-my-story/</link>
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		<title>By: Eri</title>
		<link>https://habitablezone.com/2011/11/09/robert-can-i-use-actual-trade-names-in-my-story/#comment-8329</link>
		<dc:creator>Eri</dc:creator>
		<pubDate>Sat, 12 Nov 2011 01:51:51 +0000</pubDate>
		<guid isPermaLink="false">http://habitablezone.com/?p=5107#comment-8329</guid>
		<description>You may well be right.  I was only saying that, IF someone like those authors approached someone like Coke or Pepsi, they might get a serious listen and a contract.  But it probably wouldn&#039;t be worth it to the author to do that so they&#039;d most likely use a generic term like cola.</description>
		<content:encoded><![CDATA[<p>You may well be right.  I was only saying that, IF someone like those authors approached someone like Coke or Pepsi, they might get a serious listen and a contract.  But it probably wouldn&#8217;t be worth it to the author to do that so they&#8217;d most likely use a generic term like cola.</p>
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		<title>By: Robert</title>
		<link>https://habitablezone.com/2011/11/09/robert-can-i-use-actual-trade-names-in-my-story/#comment-8320</link>
		<dc:creator>Robert</dc:creator>
		<pubDate>Fri, 11 Nov 2011 20:36:10 +0000</pubDate>
		<guid isPermaLink="false">http://habitablezone.com/?p=5107#comment-8320</guid>
		<description>&lt;p&gt;You wanted a speedy reply.&lt;/p&gt;

But it&#039;s two days later. I&#039;m sorry.

In formal terms, you retain ownership (copyright) of your posts, and grant the HabitableZone a permanent license to display it. 

This means that the Zone and I aren&#039;t legally liable if you write something that somebody objects to (I&#039;m a &quot;common carrier&quot; in legal terms), and so I have little right to tell you what you can and can&#039;t write. 

It was the word &quot;allowed&quot; that inspired me to make that clear. I don&#039;t exercise that kind of control over the Zone and don&#039;t want to (except as forced to by law and &lt;i&gt;force majeur&lt;/i&gt;).

Now, as for my advice...

Trademarks and copyrights are somebody&#039;s property. It used to be a strict rule that if you used somebody&#039;s trademark, like Coke&#174;, you&#039;d have to include the registered-trademark symbol and in a footnote say &quot;Coke&#174; is a registered trademark of the Coca-Cola Bottling Company of Atlanta Georgia&quot;.

Things seemed to have loosed up considerably, probably because there&#039;s been such an explosion of everybody writing on the Internet that it&#039;s impossible to enforce. Though the rules seem just as strict as always in a commerical setting: Pepsi&#039;s ads observe all the legal niceties when they mention Coke.

Another nuance is that fiction has always been given a pass in the interests of realism. People in real life conversation don&#039;t mutter the trademark disclaimer every time they say the word &quot;Coke&quot;, and I&#039;m not sure how you&#039;d even pronounce &quot;&#174;&quot;, and so I&#039;m of the opinion that your fictional characters can simply use trademarks in a natural way in dialog. If you want to be extra careful, and a publisher might insist on it, you could put those notices somewhere in the fine print in the front matter.

The flip side of the coin is the upshot of everybody else&#039;s advice: Don&#039;t engage in &quot;trademark disparagement&quot;, even fictionally. As somebody said, it&#039;s not safe to write about a real product killing somebody. And be careful that the name of any killer products are completely fictionalized, and not just a couple of transposed letters (that tractor that killed your protagonist&#039;s Pa probably shouldn&#039;t be described as a &quot;Paterkiller&quot; lest you piss off Caterpillar).

Bottom line: Just use trademarks in fiction naturally, and change the names when necessary to protect your innocence.</description>
		<content:encoded><![CDATA[<p>You wanted a speedy reply.</p>
<p>But it&#8217;s two days later. I&#8217;m sorry.</p>
<p>In formal terms, you retain ownership (copyright) of your posts, and grant the HabitableZone a permanent license to display it. </p>
<p>This means that the Zone and I aren&#8217;t legally liable if you write something that somebody objects to (I&#8217;m a &#8220;common carrier&#8221; in legal terms), and so I have little right to tell you what you can and can&#8217;t write. </p>
<p>It was the word &#8220;allowed&#8221; that inspired me to make that clear. I don&#8217;t exercise that kind of control over the Zone and don&#8217;t want to (except as forced to by law and <i>force majeur</i>).</p>
<p>Now, as for my advice&#8230;</p>
<p>Trademarks and copyrights are somebody&#8217;s property. It used to be a strict rule that if you used somebody&#8217;s trademark, like Coke&reg;, you&#8217;d have to include the registered-trademark symbol and in a footnote say &#8220;Coke&reg; is a registered trademark of the Coca-Cola Bottling Company of Atlanta Georgia&#8221;.</p>
<p>Things seemed to have loosed up considerably, probably because there&#8217;s been such an explosion of everybody writing on the Internet that it&#8217;s impossible to enforce. Though the rules seem just as strict as always in a commerical setting: Pepsi&#8217;s ads observe all the legal niceties when they mention Coke.</p>
<p>Another nuance is that fiction has always been given a pass in the interests of realism. People in real life conversation don&#8217;t mutter the trademark disclaimer every time they say the word &#8220;Coke&#8221;, and I&#8217;m not sure how you&#8217;d even pronounce &#8220;&reg;&#8221;, and so I&#8217;m of the opinion that your fictional characters can simply use trademarks in a natural way in dialog. If you want to be extra careful, and a publisher might insist on it, you could put those notices somewhere in the fine print in the front matter.</p>
<p>The flip side of the coin is the upshot of everybody else&#8217;s advice: Don&#8217;t engage in &#8220;trademark disparagement&#8221;, even fictionally. As somebody said, it&#8217;s not safe to write about a real product killing somebody. And be careful that the name of any killer products are completely fictionalized, and not just a couple of transposed letters (that tractor that killed your protagonist&#8217;s Pa probably shouldn&#8217;t be described as a &#8220;Paterkiller&#8221; lest you piss off Caterpillar).</p>
<p>Bottom line: Just use trademarks in fiction naturally, and change the names when necessary to protect your innocence.</p>
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		<title>By: TB</title>
		<link>https://habitablezone.com/2011/11/09/robert-can-i-use-actual-trade-names-in-my-story/#comment-8311</link>
		<dc:creator>TB</dc:creator>
		<pubDate>Fri, 11 Nov 2011 16:35:01 +0000</pubDate>
		<guid isPermaLink="false">http://habitablezone.com/?p=5107#comment-8311</guid>
		<description>Remember when the M &amp; Ms people decided they didn&#039;t want to have a lumpy little alien eating their candy in &quot;ET?&quot;  Bad decision.

Actually, I don&#039;t think I&#039;ve ever heard of authors getting paid to have products in their books.  Up until now it&#039;s been mostly a movie thing.</description>
		<content:encoded><![CDATA[<p>Remember when the M &amp; Ms people decided they didn&#8217;t want to have a lumpy little alien eating their candy in &#8220;ET?&#8221;  Bad decision.</p>
<p>Actually, I don&#8217;t think I&#8217;ve ever heard of authors getting paid to have products in their books.  Up until now it&#8217;s been mostly a movie thing.</p>
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		<title>By: Eri</title>
		<link>https://habitablezone.com/2011/11/09/robert-can-i-use-actual-trade-names-in-my-story/#comment-8307</link>
		<dc:creator>Eri</dc:creator>
		<pubDate>Fri, 11 Nov 2011 15:49:06 +0000</pubDate>
		<guid isPermaLink="false">http://habitablezone.com/?p=5107#comment-8307</guid>
		<description>Actually, there is.  They pay movie producers millions for placement in movies.  But you gotta be highly visible.  For instance, if Stephen King or Scott Turow approached an advertiser and said, &quot;How much you pay me to mention Pepsi Cola...&quot; the advertiser would probably name a tidy sum.

Now, If I approached them, they&#039;d probably give themselves a hernia laughing.  Which I WOULD remember after becoming a best selling author and would then push their competitor for free.  :)</description>
		<content:encoded><![CDATA[<p>Actually, there is.  They pay movie producers millions for placement in movies.  But you gotta be highly visible.  For instance, if Stephen King or Scott Turow approached an advertiser and said, &#8220;How much you pay me to mention Pepsi Cola&#8230;&#8221; the advertiser would probably name a tidy sum.</p>
<p>Now, If I approached them, they&#8217;d probably give themselves a hernia laughing.  Which I WOULD remember after becoming a best selling author and would then push their competitor for free.  <img src='https://habitablezone.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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		<title>By: bowser</title>
		<link>https://habitablezone.com/2011/11/09/robert-can-i-use-actual-trade-names-in-my-story/#comment-8302</link>
		<dc:creator>bowser</dc:creator>
		<pubDate>Fri, 11 Nov 2011 06:19:47 +0000</pubDate>
		<guid isPermaLink="false">http://habitablezone.com/?p=5107#comment-8302</guid>
		<description>Winston Forded the small stream in his Explorer, having decided between Town &amp; Country to live in the Outback.  He entered the store for a pack of Marlboros and a 12-pack of Millers.  Knowing there wasn&#039;t any real Safeway, he added a pack of Trojans to the sack.   Lighting the last of his Camels, he opened a Coke and added some Bacardi.   In town for the Roundup, he heads for a Motel 6 instead of the Hilton or Marriot to save the price of a Quarter-Pounder with cheese or Wendy&#039;s chili.

Gotta be a fortune in this.</description>
		<content:encoded><![CDATA[<p>Winston Forded the small stream in his Explorer, having decided between Town &#038; Country to live in the Outback.  He entered the store for a pack of Marlboros and a 12-pack of Millers.  Knowing there wasn&#8217;t any real Safeway, he added a pack of Trojans to the sack.   Lighting the last of his Camels, he opened a Coke and added some Bacardi.   In town for the Roundup, he heads for a Motel 6 instead of the Hilton or Marriot to save the price of a Quarter-Pounder with cheese or Wendy&#8217;s chili.</p>
<p>Gotta be a fortune in this.</p>
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		<title>By: Eri</title>
		<link>https://habitablezone.com/2011/11/09/robert-can-i-use-actual-trade-names-in-my-story/#comment-8240</link>
		<dc:creator>Eri</dc:creator>
		<pubDate>Thu, 10 Nov 2011 01:42:47 +0000</pubDate>
		<guid isPermaLink="false">http://habitablezone.com/?p=5107#comment-8240</guid>
		<description>Jeff, see this article:
&lt;a href=&quot;http://www.rightsofwriters.com/2010/12/can-i-mention-brand-name-products-in-my.html&quot; rel=&quot;nofollow&quot;&gt;Usually it would be OK.&lt;/a&gt;

If your main character were drinking a Miller Lite, the company might even pay YOU for advertising.  However, if the character dies from drinking Miller Lite due to something the Miller Lite people did to the drink, you&#039;d probably be meat for the lawyers to gnaw on. </description>
		<content:encoded><![CDATA[<p>Jeff, see this article:<br />
<a href="http://www.rightsofwriters.com/2010/12/can-i-mention-brand-name-products-in-my.html" rel="nofollow">Usually it would be OK.</a></p>
<p>If your main character were drinking a Miller Lite, the company might even pay YOU for advertising.  However, if the character dies from drinking Miller Lite due to something the Miller Lite people did to the drink, you&#8217;d probably be meat for the lawyers to gnaw on.</p>
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