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Thread: Brand Names

  1. #11
    Quote Originally Posted by JJBuchholz View Post
    I don't see how it could be slander (or libel) if it's based in a fictional story. We're not out to trash a corporation or company in a fictional work, as we are just name dropping to help tell the story. I'm willing to bet that the lawyers for these corporations/companies would have way better things to do than go after an author who's just having fun writing a story that doesn't really interfere with the grand scheme of things.

    -JJB
    Yeah, agreed, but as I mentioned I'm not actually worried about Walmart. I am worried about the skittishness of small-time independent publishers. People who probably don't have a legal department and may see it as safer just to pass on a story however good it might be because of 'potential issues'.

    I am fairly clear that I am probably not going to get a cease-and-desist letter from the Walton family lawyers over some 3,000 word mystery story that has some mean things to say in passing about their multi-billion dollar corporation. However I don't know if this is something that those who publish typically do think about as they have the luxury of having other work they could easily take instead.
    "If you don't like my peaches, don't shake my tree."

  2. #12
    A lot depends on what the publisher usually publishes. If it's an imprint that tends to be conservative, they might be a bit shy because major corporations do sometimes go after the little fish if they find out about the piece. Here's an article I found that deals with trademarks in fiction. Item #2 on the list seems appropriate to this discussion.

    http://www.betternovelproject.com/blog/trademarks/
    “Fools” said I, “You do not know
    Silence like a cancer grows
    Hear my words that I might teach you
    Take my arms that I might reach you”
    But my words like silent raindrops fell
    And echoed in the wells of silence : Simon & Garfunkel


    Those who enjoy stirring the chamber-pot should be required to lick the spoon.

    Our job as writers is to make readers dream, to infiltrate their minds with our words and create a new reality; a reality not theirs, and not ours, but a new, unique combination of both.

    Visit Amazon and the Kindle Store to check out Reflections in a Black Mirror, and Chase

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  3. #13
    You could go another direction and hyper-stereotype the store so it is not specifically WallMart, but a homogenization of WalMart, Cosco, HomeDespot, uber-mega-stores. Call it OmegaMart; the ultimate, unabashed American icon of consumerism.
    5 acres of shopping.
    43 bathrooms.
    Like Tim Taylor designed the thing.

  4. #14
    I have poem to describe setting using Walmart because it's based off a dream and it was at a Walmart parking lot in my old home town. To convey reality. But honesty I'd change it to supermarket parking lot so j think you should just make a name up for Walmart. MagmaMart.inc
    ProProduce?..

  5. #15
    Quote Originally Posted by alrest View Post
    I have poem to describe setting using Walmart because it's based off a dream and it was at a Walmart parking lot in my old home town. To convey reality. But honesty I'd change it to supermarket parking lot so j think you should just make a name up for Walmart. MagmaMart.inc
    ProProduce?..
    Yeah. It just seems so lame to make up stand-ins like that. I admit part of that is stubbornness and I realize it's really not important in the grand scheme...but I also think using 'real world' settings makes a difference to realism.
    "If you don't like my peaches, don't shake my tree."

  6. #16
    Quote Originally Posted by Terry D View Post
    A lot depends on what the publisher usually publishes. If it's an imprint that tends to be conservative, they might be a bit shy because major corporations do sometimes go after the little fish if they find out about the piece.
    Wow. Talk about paranoid and ruthless. So much for the corporate machine having better things to do....

    -JJB
    ​"Strong convictions precede great actions....."

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