Young Writers Society

Okay, so when writing something one wishes to publish someday without being sued, how does one go about using store/brand names? Like for instance, if I wanted to write a zombie story taking place in Walmart, is it legal to use the store name without Walmart's permission? And the same for cars, is it okay to have something like "the 1977 Mustang roared down the street" using names like thàt and such. It's always bothered me to use brand names like that becaus if i end up liking something I don't want to get sued over using Walmart's name without permission. I'm my entirely sure if my question makes sense, but any help would be greatly appreciated!

It is not legal at all to use the store's or product's. Some companies are downright vicious about their trademarks being used. Depending on the medium, companies either pay to have their products show up or hope it shows up, but if you use a company's product that hasn't let you (especially if you use it in a negative way) companies can sue you if you haven't gone through any legal proceedings.

Instead, change the name slightly, make the company generic, or describe but don't name actual companies. That's the safest bet when it comes to any sort of product placement.

Okay, thanks! It's just always bothered me because I was never sure a out it! I thought there could be legal proceedings over it, but then I would second gues myself. But thank you! It really means a lot that you cleared it up for me! c:

On of my favourite artists of all time is fantastic in this area, and it's one of the reasons I love her work.

For example, in one of her comics she shows a stereotypical university student, and most uni students I know get themselves hyped on energy drinks the night before a deadline so they can finish their work.

So she created a brand called 'red cow', a breakfast cereal in a blue and white box with the slogan 'Quality Seisures in a Box,' which I thought was fantastic.

As a personal preference I really like when authors do that instead of using an actual brand name, and you don't have to worry about someone coming to sue you later.

Yes, its best to make up your own brands, and what's best is that it extends the livelihood of your story before it becomes dated.

a very successful and my personal favorite writer, Stephen King, uses mostly real brand names in his stories. i like that, it makes the story believable, even if it contains fantasy elements that King is known for.

as with most issues in writing, it comes down to taste and what you as a writer want to accomplish with your story. real brands allow the reader to relate more to the world you've created, while making new ones up allow you to create a world that's more your own.

@horrendous, legal matters are not so cut and dry, and unlike most things in fiction, this is one case I do not advocate going in without careful legal study.

You can be taken to court for using a trademarked name if you use it wrong. I stumbled across more resources that breaks this down in detail (tl;dr version: I was wrong, it is legal, but there are guidelines to how you can and cannot use brand names and if you don't follow those guidelines it is illegal).

Copyright law, trademark law, and various other laws around creativity are meant to protect the people who came up with it. This is especially true when you're making a profit off another person's creative material— why you can only quote short segments of songs instead of the full song.

The real world is governed by lots of laws that protect companies and what people have done. Educating yourself about those laws is important, because they are what keep writers safe, too.