Your protagonist hops into a Ferrari, grabs a Coca-Cola, and speeds off while using an iPhone.
It sounds simple, but when it comes to fiction, using real-world brands can be a legal minefield.
This blog post aims to provide a fundamental understanding of the legal aspects tied to the use of real-world brands in fiction writing.
Disclaimer: I am not a legal professional. This blog post is for informational purposes only and should not replace professional legal advice.
Trademark Law Basics
Brands are usually trademarked, meaning they’re legally protected to distinguish the source of goods or services.
Using a trademarked name in a way that confuses readers or discredits the brand could lead to legal action from the trademark holder.
The principle of “nominative fair use” allows you to use a trademark for purposes like commentary, criticism, or parody.
However, the usage must not create confusion regarding sponsorship or endorsement by the brand.
Essentially, your character can drink a Pepsi, but they can’t claim it cured their terminal illness—unless, of course, you’ve clearly presented your story as an absurd, fictional satire.
The Risk of Defamation
Even when applying the concept of nominative fair use, it’s crucial to avoid portraying brands in a false or disparaging light.
Negative portrayals could expose you to defamation lawsuits.
For example, if a character in your story gets food poisoning from a real fast-food restaurant, the brand could claim that your work is damaging their reputation.
Here are some best practices:
- Mention the brand casually, and avoid significant plot points revolving around it.
- Never suggest an endorsement or affiliation that doesn’t exist.
- When in doubt, opt for generic terms (e.g., “smartphone” instead of “iPhone”).
- Consult a legal professional for specific advice tailored to your work.
Using real-world brands in your fiction can add a layer of authenticity, but it’s essential to navigate the legal terrain carefully.
The best approach is to consult a legal professional to ensure you’re on the right side of the law.
This will let you focus on what you do best: weaving compelling stories.
Have you used real-world brands in your fiction? How did you approach it, and have you ever faced any legal challenges as a result? Share your experiences below.
CherryEdits 