Writing Blog Number 2 (continued)

20251217 Brand Names

Brand Names

So, this came up on Discord. Are we allowed to use brand names in our stories?
         The publisher who runs the site says we use brand names all the time. After all, the following were all originally brand names:
                             Band-Aid
                             Bubble Wrap
                             Cellophane
                             Chapstick
                             Dumpster
                             Escalator
                             Frisbee
                             Laundromat
                             Styrofoam
                             Super Glue
                             Trampoline
                             Zipper
So, why worry? They’re everywhere!

Well, I guess it’s when we use an actual product in our story. Some are apparently fine – both Pepsi and Coca-Cola don’t mind – and some are very “anti” use – the Maserati automobile company springs to mind. But it is hard to know.
         The advice I was given was that if a brand is exceedingly common, use it. A Ford motor vehicle is everywhere, and they have not indicated if they object or not.
         Having said that, there are three brands you CANNOT use! Disney is out. None of their IP, even in passing, not their theme parks, nothing. They are a litigious bunch of arseholes, and have been known to force self-published authors to pulp their books. How far this extends, considering what they own, is anybody’s guess. Next, Apple is out. Apple do not allow their products to be indicated for use: (a) by criminals, (b) for anything even mildly nefarious; (c) in certain countries; and (d) if any other technology brand is mentioned. In general, publishers will change Apple to Nokia (who don’t care). And third, Maserati, who don’t like their cars even mentioned. I don’t know why.
         What is interesting is that some of the higher end brands, especially fashion labels, like when their bands are named. An independent author mentioned that his bad guys looked amazing in their Armani suits and made a point of just how good they looked more than once, and the Armani company gave him some actual real money!
         What you cannot do, though, is say that a brand causes the ills of the story. So, if drinking Coke Zero caused all the people in the story to become cat eaters, you will get sued. The branded product cannot be a part of the bad guy. Someone poisoning a drink, you might get away with it. Faking it with in-story artificial product, so long as the company is found innocent in the end, yes, that should be okay.

So… in the end, with a few exceptions, use Branded products, but don’t libel them. After all, it does make a work more realistic to have them drink Pepsi Max instead of Generic Cola Drink #24.