Since that time, more than reality shows have been broadcasted, and the demand for these shows seems to grow with every new launch Biressi and Heather, p.
Writers frequently ask whether they can mention brand name products and services in their fiction. The answer is "yes," provided that you take some common sense precautions. The four areas of law to consider in connection with brand names are "trademark infringement," "trademark dilution," "trademark tarnishment,"and "defamation.
For example, if you were the manufacturer of aluminum foil and decided to name your foil "Glad," the Glad Products Company, manufacturers of Glad plastic wrap and Glad trash bags would likely think your use of the term is an infringement.
Even if Glad Products Company doesn't manufacture aluminum foil, aluminum foil is sufficiently close to plastic wrap to create a likelihood that some shoppers would be confused as to whether your aluminum foil is manufactured, licensed, or endorsed by the makers of Glad plastic wrap.
Keeping this principle in mind, it is evident why fiction rarely gives rise to trademark claims. He is, in fact, using "Glad" to refer to Glad Products' own goods. Trademark lawyers call this "nominative fair use," and it does not constitute infringement. For example, trademark owners have fits when writers of fiction or non-fiction use their brand names as generic terms for products or services.
Usually, the dispute goes no farther than that. Writers can avoid even mild reprimands of this sort by respectfully capitalizing brand names.
If, for example, you falsely depict a brand name product as being dangerous or defective, a manufacturer could be heard to complain.
Ultimately, the manufacturer should have to prove that some readers actually understood the disparaging depiction to be a statement of fact, not fiction, but there is seldom an artistic necessity to test that line.
Trademark "tarnishment" is a kind of hybrid between trademark dilution and defamation. Such claims arise when a non-owner uses another's trademark in highly disparaging or offensive contexts. The Appeals Court's famous at least to trademark lawyers decision is here.
If there is a compelling artistic reason to use real products and real companies in contexts that arguably disparage them, it is wise to seek advice, prior to publication, from your publisher's attorney -- or an attorney of your own -- on how best to minimize the legal risks.
The movie industry has always been exceedingly cautious about the use of brand names and the names of real people in films. It is difficult to imagine a successful claim arising from such innocuous use, but movie studios are unwilling to run any legal risks that could conceivably lead to an injunction interfering with timely distribution of their films.
There are even isolated isolated reports of paid product placement in novels. I can only speculate that the movie industry's obsession with the depiction of brands in fictional works is the source of the largely unfounded concerns about the depiction of brand names in written fiction.
Again, the use brand names in fiction is not a sleep-depriving issue. It would be obsessive and stylistically unpalatable to use the R-in-a-circle symbol or the TM symbol every time you refer to a brand name in your text. And, as long as you do not write falsely and disparagingly about real brands and the companies who manufacture them, you are unlikely ever to run into a problem.Thank you!!
I'm working on a book and the titles of CDs, movies, books, TV shows etc were giving me fits. I saw quite a few things online but your explanation is by far the most lucid (and fun to read). All research papers on literature use MLA format, as it is the universal citation method for the field of literary studies.
The MLA style refers to the method of writing research papers recommended by the Modern Language Association. When formally writing the title of anything (book, newspaper article, name of website, and even shows), you should always underline it and put quotation marks around it.
Speci fic episodes of a show or specific chapters in a book however, do not get underlined. With everything from Survivor to American Idol, reality TV shows have been capturing the attention of not only the United States, but the rest of the world, as well.
TV Shows and Real Life TV shows are probably the primary source of entertainment for the average American. Most of them run from 7 p.m. to 10 p.m. with reruns starting at 5 p.m. Most of them run from 7 p.m. to 10 p.m. with reruns starting at 5 p.m.
The main problem of the reality TV shows is that they perpetuate existing problems and commonly focus on the worst sides of human nature (Bell, p.
). The impact of television is impressive, and such destructive messages to the public might result in destabilization of the society and its degradation.