Re: Re: Re: Re: Re: Novelist's use of fictional company name

Subject: Re: Re: Re: Re: Re: Re: Novelist's use of fictional company name

Comments:
: : : : : : If a novelist were to write a fictitious story about a fictional Japanese (multinational) company called "Isuzuki" which conspires to--and does--commit illegal acts, would the use of the fictional name "Isuzuki" be a problem? : : : : : If a mistake is made and a company exists, even unbeknownst to you there might be a risk. I think there is a recent case on this subject. : : : : : M. Arthur Auslander : : : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : : : 505 Eighth Avenue, New York, NY 10018 : : : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : : : ELAINE's Workshop (sm) : : : : : E arly L egal A dvice I s N ot E xpensive : : : : Yes, but I must use some fictional name, so that risk always exists. I guess my real question has more to do with the similarity of the fictional name to other non-fictional trademarks. Is the similarity a problem? Thanks so much for your help. : : : I feel a bit uncomfortable with my feeling. I feel that security resides in trademark searching both in the US and Japan. What others me is the expense. It is not very big but there is an expense for both the US and Japan. : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : ELAINE's Workshop (sm) : : : E arly L egal A dvice I s N ot E xpensive : : Thanks for trying again. I feel certain that the fictional name that I have mentioned does not exist. My question, in generic legal terms, is whether a publisher or author can be held liable under trademark law for use in a work of fiction of a fictional company name that is similar to a real, trademarked company name. : You start with the conclusion that the name is fictional. I start with the caution that what you pick as fictional may not infact be fictional. If in fact it is fictional then unless there is a suggested parallelism to an actual company and actual acts then what you suggest seems less in possible threat. My gut does not see much liability on what you suggest under trademark law. I'm not going to research it. The biggest risk is the law if libel. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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