Question:

In a published book, how can I properly reference a person or copywrited/trademarked thing?

by  |  earlier

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I'm writing a story for publishing and I want to reference public (real) people and branded objects. Could I make reference to Mohamed Ali or Cher in passing? Can I just refer to some celebrity or branded product in passing?

Or as far as products, if I'm writing a book that will be published and I want to say that the main character is obsessed with using Ziploc brand baggies... can I say that?

I'm not writing a story like that, but it's an example that came to mind. Do I have to give credit for it, or how would I refer to a name brand without worrying about legal repercussions?

I want to find out while I'm still writing it so I don't have to worry about it before it's published (either by bothering the publisher or if I decide to publish it myself).

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2 ANSWERS


  1. It isn't "trademark infringement" to merely mention the name of a brand that someone is using!   This is a non-commercial use, not intended to compete with the trademark owner, and not likely to cause confusion in the consuming public that you are the owner of the brand or have any affiliation with the brand owner.  I can say I eat Cheerios without any need for a license from General Mills, or any use of the circle-R registration mark. Similarly, if you aren't marketing things under the name of Cher or Cassius Clay, you can say anything you want about them, as long as it's true, without getting any permission.  You can also call a book "Cher" or "Madonna" or "Ringo" even if it's an unauthorized biography.


  2. it is the puiblisher's job to identify and obtain any necessary leghal clearances.

    your story is going to be subject to editing by their editor anyway. why not find out who that is and work with him or her? that is their job as editors and publishers!

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