Description
This article is from the rec.arts.sf.composition FAQ, by Geoffrey
Wiseman loki@mgl.ca with numerous contributions by others.
3.5 Trademarks (Science Fiction Composition)
Stevens R. Miller on the subject:
A trademark is a form of intellectual property. It is any
word, name, symbol, or device used by a manufacturer or
merchant to identify his or her goods. (15 USC 1127). A
valid trademark may not be used by anyone other than the
markholder if that usage would reasonably confuse the
public about whether or not the markholder's goods were
being offered by the nonholder. Usage that cannot
reasonably create this confusion is not a violation of
trademark law. One can, therefore, use a trademark
without permission or attribution, provided no reasonable
confusion will result. The letter's "tm" need not be
attached in such usage.
Other restrictions besides trademark law, however, argue
against unpermitted usage. Trademarks can also be
protected by either copyright or patent law. If the
trademark is used in a disparaging way, issues of
unfair competition and defamation can arise. And, even
where usage is entirely lawful, a markholder may, either
through ignorance or with malicious intent, commence
legal action that can be troublesome to combat.
As a practical matter, trademarks should not be used
without permission, unless one is prepared to defend
against a law suit.
(Foregoing is my general assessment of the matter based
on my understanding of the law. This is not my area
and anyone in need of advice on a particular issue
should not rely on it.)
Observation seems to indicate that tradmark use within fiction
is common and not as fraught with danger as the above might
indicate, but if you want to stay on the safe side, bear the
above in mind.
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