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Question

I am in the process of writing a novel and it is necessary to mention a brand name (in this case 'Porsche') in order to advance the plot. I wish to stress the fact that this is not a matter of a simple desire to be descriptive which can be easily remedied by saying 'the silver car;' the repeated use of the name 'Porsche' is essential to the development of the story. The planned use of said brand name is in no way defamatory. I am wondering if there are any potential legal ramifications with regards to my use of the brand name in this work of fiction and, if so, how they can best be avoided (i.e. by formally requesting permission). If it is relevant, I currently reside in the state of New York.

Submitted: 249 days and 15 hours ago.
Category: Intellectual Property Law
Value: $15
Status: CLOSED
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Staten Island, New York

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I have tried to find the solution to my problem online and have found conflicting answers.

Accepted Answer

While defamation is always a concern, it could only apply if your work was presented non-fiction and made false and damaging statements about Porsche that were factual in nature and not opinion....this is highly unlikely in your situation. You also need to consider trademark issues, but based on your facts, you are permitted to use the name under the fair/nominative use exception to TM law, just make sure you are not doing anything to create consumer confusion i.e. giving a false/confusing impression that Porsche is sponsoring/producing the book...which should not be a problem. Also, use the name only as is necessary to tell your story (as you have state it is). From what you have presented you mostly likely have nothing to worry about. That being said, I wouldnt put a recognizable picture/logo of a porsche on the cover without permission, that would be risky.

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Expert: Alex Reese
Pos. Feedback: 100.0 %
Accepts: 
Answered: 3/18/2009

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5 years experience in intellectual property law

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