Using BRANDs in your work.

[anthorn]

General opinion, I have a question.

Can you use name brands in your work? Such as IPOD. McDonnalds. Matalan. KFC. Morrisons.

Is it allowed as long as you don't slander them without warrent?

[HareBrain]

Yes, that's basically it.

[anthorn]

Cool. Thanks.

[Karn Maeshalanadae]

I think this has been brought up before, actually...or something similar to it.

[Ursa major]

You're not suggesting that because this is a brand new thread on an old topic, it's unwarranted, are you, Karn?

[MemoryTale]

I've actually been told using brand names enhances your work. It's not a car, it's an Astin Martin. They're not drinking soda, they're drinking Coca Cola... Just little thngs that adds flavour to the world.

[Warren_Paul]

Originally Posted by MemoryTale

I've actually been told using brand names enhances your work. It's not a car, it's an Astin Martin. They're not drinking soda, they're drinking Coca Cola... Just little thngs that adds flavour to the world.

This is true. You're actually encouraged to use brand names in your writing, of course this only works in stories based on earth.

An example often repeated in writers’ workshops goes something like this: Don’t tell us he ordered a beer, tell us he ordered a Budweiser (Tsingtao, Guinness Stout, whatever). The beer a man drinks tells us something about the guy.

If you have him stomping the dust off his steel-toed work boots before he enters the bar, we begin to get a feeling for him. If he orders a long-necked Lone Star the image of a rough, unsophisticated man grows. If he slips a thin gold band into his Levis as he pulls out the barstool, our understanding of who he is and what he’s like becomes even more clear.

Quoted from here


Here is a blog on the legal side of things that you have to worry about. You had it right that as long as your not bashing the brand and putting it down, your fine to use it.

[nightdreamer]

Hmmm.... Interesting thread. I've never had a qualm about using brand names, but I just used "Coke" in a dystopian future where all business are either owned by or under the thumb of one of twelve dukes. The context implicitly makes all brands evil. Going to have to give this a bit of thought.

[Lilmizflashythang]

Originally Posted by nightdreamer

Hmmm.... Interesting thread. I've never had a qualm about using brand names, but I just used "Coke" in a dystopian future where all business are either owned by or under the thumb of one of twelve dukes. The context implicitly makes all brands evil. Going to have to give this a bit of thought.

I'd go with making your own brand in this case. You know, better safe than sorry.

[Glitch]

If you create your own brand you could potentially use it for marketing purposes. For instance you can create a website for said company to promote your book.

[The Bloated One]

Very interesting thread.

I've been 'reversing' famous brands in my novel based in the future e.g. Macrohard;


“Everything’s peachy with an iBall,” Sang Archie, waving his arms like a demented tic-tac man on Grand National Day, lampooning the actor in the iBall advert. The slogan was now the most well known and most irritating advertising tagline on Earth. The competing product from Macrohard, called ‘The Pear’, was greeted with derision. Their slogan, ‘Everything’s Gone Pear Shaped,’ became an embarrassing millstone around their corporate neck.

Could I be sued by Microsoft, or is parody an accepted form of expression?

TBO

[Warren_Paul]

I think you would get away with that TBO. Since its not slandering "Microsoft" it's slandering "Macrohard" and not everyone may draw the connection.

[Phoenixthewriter]

I agree with the added flavor. Consider this, when a comedian uses name brands like Toyota, instead of: a car, it's always more comical. I always try and use name brand guns, and cars, because it gives the reader a visual of the scene, and also I believe offers up that the character knows what they are doing.

If I had a marksman say he cleaned his M24, instead just cleaning his gun, it makes him sound like a true professional, and not just a hobby of his.

My two cents.

[Glitch]

Originally Posted by The Bloated One

Could I be sued by Microsoft, or is parody an accepted form of expression?

I'm not a lawyer, but I believe it's down to what the average person would interpret from the parody/satire.

In your examples 'most irritating advertising tagline' and 'embarrassing millstone' are more poking fun at the marketing practices rather than the actual brands; as such I would be inclined to say you would get away with it.

One thing to consider - If it's enough to cast doubt in a publisher/agents mind they might avoid the story rather than go through the effort of checking it; especially for a new author.

I found the following link which might be of use
http://legal-dictionary.thefreedictionary.com/Parody

[The Bloated One]

Glitch,

Many thanks. I'll brew a tea and read through it.

TBO