If I could quote a thread from another forum I am following:
“If your fictional work mentions a trademarked product or service, like Ford Mustang, or Chicago Bears, you're not using it as a trademark, it's just a reference, not competition in commerce that any consumer is going to confuse with the car manufacturer or the pro football team, so it's not trademark infringement.
If you intend to submit your novel to a literary agent, who in turn will submit it to publishers, they'll require you to contractually agree that your work doesn't infringe on anyone's contractual, copyright, trademark, privacy, publicity, defamation, etc. rights, and to indemnify them from anyone who claims their rights have been violated, and they may or may not offer help with a lawyer and/or an editor to "vet" your work. You may be best off hiring an entertainment lawyer for that purpose, and to copyright the finished book.”
Obviously old fatty egg is a character and not a product or service. Also laws vary greatly from country to country.
It seems that there is now a lot of pressure on established authors since the change in European Law, to actually 'product place' trade names into their fiction. This is obviously another pay stream for authors, but how will it affect the end product?
|