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Topic : Re: Using real a car logo or gun in crime fiction - can I be sued for it? If I use a real car company in telling a story about a bank heist, can I be sued for it? What could happen if - selfpublishingguru.com

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If you reference any product, whether it is a car, a gun, or a laundry detergent, you need to be aware of the trademark associated with that product. This is basically the "name" part of a "brand name", such as Chevy Malibu.

A trademark is a word, phrase, symbol or design that identifies the
source or origin of the product.

The rule for referencing a trademarked brand is simply to capitalize the name to identify the product. For example, you would use "Chrysler Sebring" instead of "Chrysler sebring" or "chrysler sebring".

As to whether or not you could be sued for using that brand name, it really depends on how you use it. If you refer to any product in a negative way, then the company that owns the trademark could take action if they feel that you have tarnished or defamed their trademark in any way. If you are making a positive reference, then they won't mind as long as you remember to capitalize the brand name.

There is a really great article at the Better Novel Project by Kathryn Goldman, a lawyer who represents writers, artists, and businesses to protect their intellectual property. She gives some very good examples that may help you to understand this better.


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