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Topic : Re: Will traditional publishers force you to remove brands? I’ve read the other questions on this topic but the answers seem contradictory and somewhat opinion-based. Some posters have said you ‘don't - selfpublishingguru.com

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To add to the existing answer, the problem isn't with the brand—it's with using the brand when you don't have permission to do so.

While some publishers might discourage the use of brands, others are happy to work with authors in order to secure permission for brand use.

The one thing that a publisher will never want to do, however, is publish the use of a brand where the copyright holder has had no previous knowledge of its use or, worse, has refused to give permission for its use.

One of the responsibilities of editors is to flag the use of brands. At that point, it's up to the author to either replace them with something else, or to work on resolving any possible dispute through the use of those knowledgeable in how to handle such situations. (Large publishing houses will have staff members dedicated to that.)

So, it's not that the use of brands is prohibited, just that they are "flagged" as something sensitive and needing further attention.

I am updating this answer with some discussion from comments.

Replacing a brand name with a generic name may be simple in some cases ("I need a Band-Aid" becomes "I need a bandage") but might be less acceptable in other cases (you might not want to replace "I need a band-aid solution" with "I need a quick fix").

The source of the problem comes from the potential cost of a trademark (or copyright) holder suing if you didn't obtain prior permission for its use. While they might not win in court, costs around the legal action would still be incurred. It costs nothing at all to refrain from mentioning a brand name, and it costs almost nothing to send a request to somebody who can give you permission to use it. But simply assuming that nothing will happen if you use a brand name without permission would be a poor choice on the part of any publishing company.

Publishers don't have a problem with the use of brand names without permission per se, they simply have a problem with potential liability. They want to make sure that all of their bases are covered. This is not only good for them, but good for you too.

If you use a brand name with permission, then everybody is happy.

Of course, some things are in the public domain and other things aren't. If something is in the public domain, then there's nothing to worry about in the first place. But you should make sure of its status.


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