: Re: Is it considered trademark infringement to use the name of a real business in a novel? I am writing a pivotal scene for my novel that is set in Red Square of Moscow. A very wealthy bureaucrat

@Sherry594

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Answering the question you asked literally: "No". Copyright doesn't apply to names, either of people or companies, so it isn't copyright infringement. Trademarks apply, but generally trademarks can be used as long as nothing you do is likely to confuse people into thinking that you're operating on behalf of the trademark holder. What you do need to look out for, though, is defamation (either libel or slander). It's a grey area, but at least in principle as long as you are clear that what you're writing is fictional and therefore wouldn't make a reasonable person think that it was actually true, or alternatively if what you write is something that is clearly a matter of opinion or that there is enough actual evidence to believe that it is true then you should be OK. This is why a lot of films have disclaimers at the end that state the story is fictional and isn't intended to say anything specific about real people or companies: just to make sure nobody can claim you were intending people to think it was true.

Of course, this is only really an issue if you're planning on self-publishing your work. If it's published by a corporate publisher, then (1) it is the publisher who would be liable for such issues and (2) they have lawyers who would double check everything before publication, and they can always ask you to make changes to be sure there's nothing wrong.

(As always: for legal issues like this, you should generally consult a specialist in your own jurisdiction's laws. The above is not legal advice.)

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