# Mentioning copyrighted or trademarked names.



## wantanmee (Apr 28, 2014)

In a futuristic story, if I write a scene about the characters using some futuristic version of a device or service like Microsoft Office, Google glasses, or Facebook, will the respective companies unleash the legal hounds?

If doing that is a big No-No, am I allowed to use modified names? Suppose I write that they use Macrosoft Office, Googly Glasses, and Facebooked.


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## popsprocket (Apr 28, 2014)

No.

Copyright protects the physical form of works, which company names are not.

Trademarks protect recognisable symbols and names from being commandeered and used by another business entity, which mentioning the brand is not.


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## InstituteMan (Apr 28, 2014)

Pops has the right of it here. Trademarks are only infringed if someone will be confused about where a good or service is coming from. Unless someone will read your story and think that Microsoft or Google or whatever company hired you to write it, you should be okay. 

There is a notion of "dilution" of a famous mark, but if you are using the marks as names in a story, you probably aren't going to run afoul of that either.


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## wantanmee (Apr 28, 2014)

Thanks popsprocket and InstituteMan.

Just to be clear, would this mean it is okay for me to include my speculation on what features the companies' products can do in the future? Let's say in my futuristic world you can order a coke with an app on an iPhone 10, and pour it out into a glass from it's headphones jack. No foul there?


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## popsprocket (Apr 28, 2014)

You should be fine so long as you don't include anything that might be considered offensive by the people who own the brand (e.g. the iPhone 300294849's  main feature is an app that is automatically racist to the people around the user or Burger King is poisoning their food). For the most part you are protected by saying "It's very clearly a work of fiction," but if the company feels they've incurred damages because of what is written in your book then you might be in trouble.



wantanmee said:


> If doing that is a big No-No, am I allowed to use modified names? Suppose I write that they use Macrosoft Office, Googly Glasses, and Facebooked.



I was skimming and missed this before, but for anyone interested I'll answer: trademarks don't necessarily protect the physical form of a brand like copyright protects a work. How recognisable a brand is plays an important part in whether or not they will receive protection and exactly how far that legal protection extends.

For instance, if I opened a burger shop called 'Maccas', McDonalds would have grounds to sue based on the similarity of my shop name to the colloquial version of their brand name.

So, if you wrote a book where you mention a recognisable brand under a ripped-off name, you aren't exactly in the clear. Your main issue is defamation (libel, if you still live somewhere that distinguishes between print and verbal defamation), which you aren't likely to run into unless your story is about how the evil organisations Kraffft has been poisoning everyone slowly with toxic peanut butter and they just don't know it yet, but changing the name slightly won't save you from the lawyers.


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## Cran (Apr 28, 2014)

wantanmee said:


> Thanks popsprocket and InstituteMan.
> 
> Just to be clear, would this mean it is okay for me to include my speculation on what features the companies' products can do in the future? Let's say in my futuristic world you can order a coke with an app on an iPhone 10, and pour it out into a glass from it's headphones jack. No foul there?


That's OK, except that the iPhone 10.2 app also 3D-prints the glass, with: _I bought a Coke!_ in classic design on the side of the glass. You don't have to mention the built-in advertising, of course; that's a given.


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## ChildOfGod (Apr 20, 2015)

nvm


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## J Anfinson (Apr 20, 2015)

What they said. Just don't cast trademarked names in a bad light. Like you can write, "The man at the counter wore athletic shorts and Reeboks" but don't write, "The first thing I noticed about the man at the counter was his shoes. He wore a pair of Reeboks I recognized. I'd gotten a pair just like them for Christmas and they fell apart within a week--another testament to their cheap construction."

No publisher or agent would touch that story with a ten foot pole.


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