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Topic : Re: Do I need the copyright to mention Tim Hortons? So I'm writing a book, (duh) and I want to include a mention of a Tim Hortons cup, (Canadian coffee place) just to hint at the reader that - selfpublishingguru.com

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As @MonicaCellio noted in her comment, a name like "Tim Horton's" cannot be copyrighted. You can't copyright a name or slogan. It can have trademark protection, which is a different thing.

So to really answer your question: The point of trademark law is to prevent someone else from confusing potential customers of your product by using your name. Like if you tried to open your own coffee shop and call it "Tim Horton's", the existing Tim Horton's would have a very clear case for a trademark violation lawsuit.

But you are perfectly free to use the name "Tim Horton's" in speech or writing to refer to the real company. In general they're probably glad if you do -- free advertising.

Companies will bring law suits about mis-use of their trademark. Especially if you use a trademark as if it was a generic term, like Coca Cola is famous for suing people for using the word "coke" as a generic synonym for "cola". But I don't think that's the issue here. You're not referring to all Canadians as "hortons", I don't think.

There is the issue of libel if you say something bad about them. If you say that their coffee is contaminated with rat droppings or that the company paid bribes to politicians, they could sue you for libel. (In the US, if you can prove in court that your statements are true, you will win. I understand that truth is not an absolute defense against libel Britain and Australia, I don't know about Canada.)

But a simple casual reference like, "Bob dropped by a Tim Horton's and got a donut and a cup of coffee" is no problem at all.


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