Topic: Logo and Brand names usage

I have a question concerning the use of a logo and a name. Mikira and I were chatting about her novel, and I made a sketch of what her planetary shuttles aboard Aurora might look like. Playfully, I added a "VW" symbol at the front of it. We both now think that it is a cute 'Easter Egg' (if the pictures ever get published), but I am wondering if I would have to get permission to use that symbol. One sees it all the time on Internet memes and such, but that is usually with the car attached to it. As far as I know, Volkswagen AG doesn't make space shuttles. She said she might mention in the story that Volkswagen made the shuttles.

Has anyone else run across this situation? If so, how did you solve it?

~Tom

Re: Logo and Brand names usage

It's pretty much a given VW won't give its permission, if asked. At best they'd want final say over the book in which it is used. Google use of corporate logos in fiction/art, or something similar. If you don't ask and VW finds out, they may just ignore it, as long as it doesn't have a negative impact on VW.

If it's parody, then it's protected as free speech, as long as you don't mind dealing with lawyers. Some companies strictly defend their brands, otherwise the courts could eventually rule against them if everyone started doing the same thing.

In the 2001: A Space Odyssey movie, they featured Pan Am for ships that travelled into space, but that was a very different era, and it may have been a product placement. I don't know if Arthur C. Clarke used their name in his book. You might be able to google that too.

Originally, Lucasfilm tried to shut down many sites of fan work derived from Star Wars, even those that made no profit off their work. Fortunately for SW fans, George eventually caved and now the presence of SW on the Internet is everywhere, mostly positive.

Mikira could consider something like Vee UU, but parody may not be what she wants.

Re: Logo and Brand names usage

Here's a good article on this: http://smallbusiness.chron.com/fair-use-logos-2152.html

4 (edited by Janet Taylor-Perry 2015-04-13 21:11:44)

Re: Logo and Brand names usage

Connect with nynative1 and ask her. She works with trademark law. But I'm certain you have to obtain permission to use a logo. It's not like you just say your character drives a VW Beetle or that they drank a Coke.

I know I took out naming a fast food chain when I made my characters contract a new flu while visiting the establishment. It could be viewed as a negative impact.

Re: Logo and Brand names usage

From the article Dirk so kindly found for me. I feel I can legally use both the name and the logo, since the way I plan to use it is very respectful and in fact is complimentary to Volkswagen. But I did send nynative1 a connection request to make 100% sure before I add anything about my shuttles being designed and built by them.

Re: Logo and Brand names usage

Mikira:

After reading the "Use in fiction" paragraph, I would agree with you. I'll leave the logo on the sketch and if we hear negatively from nynative1 I can scrub it off. I am sure that you mentioning that the shuttles were built by Volkswagen would be a fair use and, as you say, it gives them something to shoot for in the coming centuries.

~Tom

Re: Logo and Brand names usage

on this subject of logos, brand names, etc. I am going to blow up Disneyland in California, but way in the future, in the year 3976 or there about.

I'm thinking of avoiding this problem of writing negatively about Disneyland, by using Wally World (of National Lampoon movie fame), or some other theme park name.

However, I see the action at that theme park and have constructed the plot and characters with constant references to it (novel is 75% complete in revision).

Who knows, maybe the novel will be a bestseller and I wonder about trashing Disneyland in territorial gang wars of the future and legal problems associated with maligning such an institution.

The novel, Aphrodite's Rainbow, I will be offering for free on Amazon, since it has previously been published (in India, on line, in serial installments— what a joke that was), so I'll receive no money for it.

Re: Logo and Brand names usage

Hi Max. I was looking through works here on TNBW but can't find a sci-fi story. My story starts in the year 3994 A.D., so I was hoping to compare our respective universes.

Thanks
Dirk

Re: Logo and Brand names usage

max keanu wrote:

on this subject of logos, brand names, etc. I am going to blow up Disneyland in California, but way in the future, in the year 3976 or there about.

I'm thinking of avoiding this problem of writing negatively about Disneyland, by using Wally World (of National Lampoon movie fame), or some other theme park name.

However, I see the action at that theme park and have constructed the plot and characters with constant references to it (novel is 75% complete in revision).

Who knows, maybe the novel will be a bestseller and I wonder about trashing Disneyland in territorial gang wars of the future and legal problems associated with maligning such an institution.

The novel, Aphrodite's Rainbow, I will be offering for free on Amazon, since it has previously been published (in India, on line, in serial installments— what a joke that was), so I'll receive no money for it.

Max:

In Clancy's novel Rainbow Six, he had a terrorist attack at Euro Disney, with plenty of shooting and hostage-taking. I don't know what arrangements (if any) he had with Disney, but shouldn't this set a precedent?

~Tom