Using Product Names As Characters

[The Bloated One]

Dear All,

I have been using product names for characters in a 'tongue-in-cheek fantasy/scifi novel I am wrting, e.g. Reckitt Blue, Izal Medicated, Sir Doulton Armetege-Shanks.

These are well known products in the UK, and probably elsewhere. Would I be expected to gain permission from the products manufacturers to use them?

If so, would changing the names slighty avoid this?


E.g.

Rockett Blues

Isiaih Medicated

Sir Dolton Hermitege-Shank


TBO

 

[Meadowhawk]

[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.

 

[Anne Lyle]

IIRC, the Radio 4 Tolkien spoof "Hordes of the Things" had wizards called "Badedas the Blue", "Fendjal the Pink" and "Matey the White" (this was back in the 80s), so it's certainly not a problem in general terms. I think it would be up to the publisher to advise you on the legal situation, but I don't reckon that minor but transparent changes to spellings would alter the case.

 

[The Bloated One]

Thanks Meadowhawk and Anne,

It appears the best thing to do is to keep using the names and if I ever get interest from a publisher, we can discuss the problem then.


TBO