| Re: Using Product Names As Characters
[legalese] I in no way am offering legal advice on this matter, this is only my opinion and you should seek legal advice before proceeding on these matters. [/legalese]
It would be the publisher's responsibility to seek legal advice from an attorney who deals in intellectual property, like trademarks. I personally would not discount a mss from consideration because of the use of trademarked names as characters--because it is very easy to mass replace names while editing, if it is deemed necessary. If I thought the humor was magnified greatly from the use of names, then I would pay the money to seek judgement or permission through proper legal channels. If not, I would work with the author to change it.
The matter, as I understand it, is that you're using them in a humorous work. If the owner of the trademark finds your humor disparaging, they will take exception and the legal action begins. |