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Using Brand Names in Fiction

Can you do it?

· Writing
International Trademark Association

My latest story, an adult murder mystery, takes place in 1996 and there are several trademarked names that I'd like to use -- Toyota, Chevy, etc.

I've changed quite a few deliberately so I'm not defaming or libeling any individuals (including corporations, which are individuals under the law). My previous background as a journalist makes me aware of common trademark issues, specifically using a trademark generically, like saying all large green garbage receptacles are Dumpsters (without capitalizing the D) and using names as verbs, like Xeroxing instead of photocopying, for example. Companies tend to guard against these usages, some more vigorously than others (Dumpster was so unhappy with the way its name was being used in the 80s that its correct usage was included as an example in the AP Stylebook).

But there are some, which are so common, like makes and models of cars, that I'd like to keep because stuffing a body into the trunk of a Toyota Tercel is infinitely harder than placing one in a Lincoln Towncar, for example, and it conjures a distinct image I want to capture.

So I went researching and what I've found is that the general rule is: I can use them. Yeah!

Rights of Writers: Can I Mention Brand Name Products in my Fiction?

If you're not sure if the word you want to use in your story is trademarked or a brand, you can look up brand and trademarked names at the International Trademark Association.

I'll keep my original names, the ones I've put time and effort into renaming.

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