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Q&A Brands to use, brands not to use

This is not legal advice and I am not a lawyer. Great question! I think the answer lies in this: But what about a big known brand, like Google? In a story set in our time, it would be rather ...

posted 6y ago by Neil‭  ·  last activity 5y ago by System‭

Answer
#3: Attribution notice added by user avatar System‭ · 2019-12-08T09:02:45Z (about 5 years ago)
Source: https://writers.stackexchange.com/a/36754
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#2: Initial revision by (deleted user) · 2019-12-08T09:02:45Z (about 5 years ago)
This is not legal advice and I am not a lawyer.

Great question! I think the answer lies in this:

> But what about a big known brand, like Google? In a story set in our time, it would be rather weird for the characters to use a search engine that isn't google - we even use 'google' as a verb, as in "why don't you google it?".

When you get to the point that it would sound odd to _not_ use the brand name, that's where it makes sense to use it (if you can).

"Good question, let's Floogle that" sounds weird. If you were in a situation where you can't use the brand name legally (I'll leave whether that's the case for other questions to answer) you can write around it. "Good question, let's check the web" is definitely less awkward that using another search engine.

It's also worth looking into the concept of [generic trademarks](https://en.wikipedia.org/wiki/Generic_trademark):

> A trademark is said to become genericized when it begins as a distinctive product identifier but changes in meaning to become generic. This typically happens when the products or services with which the trademark is associated have acquired substantial market dominance or mind share, such that the primary meaning of the genericized trademark becomes the product or service itself rather than an indication of source for the product or service.
> 
> Thermos, Kleenex, ChapStick, Aspirin, Dumpster, Band-Aid, Velcro, Hoover, and Speedo are examples of trademarks that have become genericized in the US and elsewhere.

Whether this means you can use these without fear of getting a cease and desist letter... I'd check with a lawyer about that.

#1: Imported from external source by user avatar System‭ · 2018-06-06T15:36:25Z (over 6 years ago)
Original score: 13