Legal Question in Intellectual Property in New York
Brand Names in Works of Fiction
I am in the process of writing a novel and it is a necessary plot device to repeatedly mention a brand name, in this case 'Porsche.' I am wondering if there are any potential legal ramifications regarding such use and, if so, how to best avoid them (i.e. by formally submitting a request for permission to Porsche). I wish to stress two important points. Firstly, my planned use of said brand name is in no way defamatory. Secondly, I wish to reiterate that the use of the name 'Porsche' is not a matter of stylistic choice which can be easily remedied by replacing it with 'the silver car;' it is a key element necessary to advance the plot of the story. Also, does whatever legal ruling is relevant in this case apply to all brand names, such as 'Ford' or 'Pepsi,' for example? Or are there unique rules which vary from company to company?
3 Answers from Attorneys
Re: Brand Names in Works of Fiction
Not a problem.
Re: Brand Names in Works of Fiction
I usually recommend that clients include the following on the copyright page:
This is a work of fiction. The characters, places and incidents portrayed and the names used herein are fictitious or used in a fictitious manner and any
resemblance to the names, character, or history of any person, living or dead, is coincidental and unintentional. Product names used herein are not an endorsement of this work by the product name owners.
Re: Brand Names in Works of Fiction
I usually recommend that clients include the following on the copyright page:
This is a work of fiction. The characters, places and incidents portrayed and the names used herein are fictitious or used in a fictitious manner and any
resemblance to the names, character, or history of any person, living or dead, is coincidental and unintentional. Product names used herein are not an endorsement of this work by the product name owners.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
