Brand Names And You--The Author

I had a chat with one of my authors yesterday. He knows who he is, and this is in no way condemning him, or putting him down in any way. He knows I love him. He just couldn't get his mind around all the edits of his brand names in his novel. He said that after I first brought it up he talked to a lady lawyer who told him basically: Mentioning a brand that is publicly sold in a manner that does not defame or otherwise cast that product in a bad light is pretty much entirely fine

Please note the words 'pretty much'. In essence probably.

The confusion here is not something that is his sole providence. It's a common problem for a writers first experiencing edits. I thought perhaps what I told him might help others see what the position is, and why publishers feel it necessary to eliminate if possible Trademarked names. Something I didn't even bring up in my return response to the author was that the lawyer is not 'wrong'. Her stance was 'probably' fine. LOL However, just like with publishing contracts, not any old lawyer will do. You really need to speak with a lawyer well versed in publishing law. Same with this issue. A local defense attorney probably doesn't deal with much publishing law. The knowledge they have on the subject is general. When you're dealing with the real issue, you need someone with in depth knowledge of the subject.

What I told him was basically this:

Let me just state what the real position is here.

It's up to you.

You know why? Cause guess who they're comin after if they don't like it? Our disclaimer states it's your book, and you are responsible for the contents in it... now... here's why I advise never to use brand names of any type (by the way, this is not just me, it's common advise in publishing that editors give to writers... don't use Kleenex use tissue, don't use Coke use soda... etc...) because you might slip under the radar... the trademark owner may not even care... so yes, your lawyer lady is right... you're probably safe.

Probably is an awfully touchy word... what that comes right down to is you're at the whimsy of the company holding the trademark. Some don't really care much as long as, like she said, it's not negative... some are downright vehement (Coke for one).

How much is it worth to you to take the chance?

Is it REALLY necessary to the story?

And if your answer to the last question is yes, then why not play it completely by the 'book' pardon the pun, and get the written permission? (Every trademark seal anywhere is shown with the disclaimer somewhere on its official site that use is allowed ONLY with written permission of said trademark holder.)

So... love ya... that's the skinny on brand names though. If ya feel lucky like Mr. Eastwood, just put them all back in and I'll close a blind eye and make a note that you were told about the issues surrounding such possibilities and you can play it by ear. Quite possibly no one will ever say a word... possibly.

And that's the deal with Brand names... do you feel lucky, Punk? Well do ya?