While I cannot offer legal advice regarding the use of trademarks in creative writing (please research “fair use” and speak to a lawyer for a definitive response to such questions), I CAN rephrase this question to “SHOULD I use corporate trademarks” in my work.

My answer to that question is that you should avoid using them entirely…for entirely non-legal reasons:

1. Script limitations. Brands sometimes go out of business, dating your script. Also, people in some parts of the country or world may never have heard of them. Using generic terms keeps your writing “evergreen” (timeless) and universal.
2. Brand integration conflicts. If a brand is visible, and especially if it is tied to the story line, it is ripe for integration consideration, and identifying it in your script is a waste of time. It will be replaced by the product that pays to appear there.
3. Brand image fluctuations. Heaven forbid, but sometimes brands get a round of bad publicity, and the connotations originally intended in your script become entirely different ones.

Finally, consider the golden rule of screenwriting: Does this choice advance my story? It is rare that a trademark name specifically enhances or advances your storyline, and if it does, you will probably not get past the informational/parody restrictions of “fair use” for it to be okay.

I’ll go so far as to say it rare that a trademark name needs to be mentioned at all in a script. Check your script to see if generic descriptions like “fast food chain” or “soft drink” can just as easily be substituted for any trademarks. If so, move on - it is not just the safer choice; it is the better one.

Last Modified: Tuesday, January 6th, 2009 @ 09:30