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Copyright/ trade mark toes...So to speak

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Old 02-13-2007, 01:24 PM
Fanci (Offline)
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Default Copyright/ trade mark toes...So to speak


Since I'm kind of new to all of this, I have a question that will proably come across as silly and since I have two batches of cupcakes and fudge to make before tomorrow for my son's Valentine's Day Party, I don't have time to go through all the past threads and see if it is in one. I skimmed and didn't see one, so I hope it hasn't been covered recently.

For one of the three books I am writing based loosely on my life, I need to use a major product name. Pepsi-Cola. Here is why. It was my nick name for awhile in this town. The second book takes place in this town. It would have alot more impact if I could use the nick name. Since it is a registered trade mark...or whatever do I need their permission?

It's not the end of the world if I can't use it as I have come up with a clever one that works, but I am going for impact here.

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Old 02-13-2007, 03:00 PM
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The only legal way to use trademarks in your writing is to place the trademark symbol next to the name. [™]

However, few writers do that. You can use the names freely as long as you don't defame or harm the reputation of the company or the trademark holder. By doing so, you will most definitely get sued and I assure, they will win.

In your case, I think it's okay
it's only a name and it wouldn't hurt that much.

When you finish with the manuscript, have a literary attorney look at it. You can never be too sure.

Have a look at these sites, they might be of help.

www.loc.gov

www.copyright.gov
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Old 02-13-2007, 03:05 PM
Fanci (Offline)
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As soon as i get done with all the Valentine stuff i'll check those sites out!! Thank you so much for your help. I've always been curious, but never knew where to turn for advise.
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