Would a Writer get sued became of this?

Discussion in 'Author Discussions' started by UnknownSaint171, Jun 3, 2019.

  1. ToastedRossi

    ToastedRossi Well-Known Member

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    In most places trademark infringement laws are lax enough that you won't have to worry about the majority of the time. The OP's mistake was in using anime as a example because Japan just happens to be more stringent than you'll find in most jurisdictions. Realistically all a writer has to do is to not pretend to be representing the trademark being used, and to not lying about what the company does (so no MacDonald's restaurants serving human flesh). The main purpose of trademark laws is to prevent product confusion, and it's hard to confuse the written word with real objects. And so you can get away with quite a lot. It's a bit different with visual media so you'd have to be a bit more careful there.
     
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  2. Ai chan

    Ai chan Queen of Yuri, Devourer of Traps, Thrusted Witch

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    It really depends on your country. Japan is more strict about trademarks than pretty much the rest of the world, so don't use manga and novels as your source.

    Google trademark law for your own country and consult some lawyers if you're worried. But chances are, just mentioning Coke or Pepsi a few times won't get you in trouble. Even if they do find it necessary to scare you off, they will first give you a Ceast & Desist order, telling you to stop using their brand. You can then choose not to use their brand by editing out everything concerning their brand in your stuff. Simple, right?

    Modern civil law is not a kangaroo court. If they want to bring you to court, they have to first send you a letter of intent before they can bring you to court. If you abide by the demands of the letter of intent (often called letter of demand), nothing will happen to you.

    Problem comes when you mention Pepsi and stated as a fact, that it was chock full of cocaine. In this case, you can be brought to court but not under copyright or trademark law. Instead, it will likely fall under Defamation Law due to your act of libel on their brand. Depending on the type of legal system of your country, you can either be summoned straight to the lower court (for acknowledgement of legal actions on you) or be given a letter of demand or letter of intention from their lawyer.

    So if you want to mention Coke or Pepsi, go ahead. Just don't commit the crime of libel on brands that can take offense at it. If you want to say Erikson's pop soda is made of human blood, go ahead, because Erikson is a mobile phone maker, not beverage producer.
     
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  3. sparejunk

    sparejunk Active Member

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    There's also the fact of is this story free or are you going to be making money on it? if you are selling it, change it don't think just change it making money on it and harming there money (like Ai chan said) are the biggest chances to get a lawsuit slapped on ya for pretty much anything. Some companys are bad enough to even go after times when it's a different name but it looks or implies it's there product
     
  4. Adieu

    Adieu Active Member

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    A civilian nobody wouldn't

    A *publisher* might.... hence magazines and studios with the Morley Reds, the missing emblems on cars, and lately even the unendorsed* music equipment with gaffer's tape over the logos for musicians

    PS * undendorsed might be the key word here, though... in the case of Morleys they might not want to be accused of advertising cigs, and when smashing a Ford through a Starbucks window without approval that might well invoke some ire from both companies, but as to positive use of brands, they simply refuse to do product placement unless bribed to do so
     
  5. ToastedRossi

    ToastedRossi Well-Known Member

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    This still depends on the nature of the work and the laws of the particular jurisdiction. Generally, the trademark protections are more stringent when it comes to visual media like photographs while a writer would have more freedom with the written word. Look at something like "American Psycho"; it's a book about a serial killer and loves to lavish its pages with tons of well known brands. You might not be able to get away with it in Japan but it's a nonissue in the US and most of the English-language world.