Talk:Fictional brand

Latest comment: 7 years ago by RussianTrooper in topic Trademarks are not copyrights....

Fictional brands

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Another reason for a fictional brand occurs when a radio disk jockey, most often in a top-40/patter format, goes to a sponsor break and suddenly realizes he can't find the ad copy on his desk. To avoid "dead air", they would create a fictional brand. You rarely if ever hear this any more because of automation and voice tracking, but it was common in the '50's, '60's and into the '70's. One fictional brand that may have been used as sort of an industry inside joke was Glinkman's Phloms. "If you need Phloms, you need Glinkman's!"

Requested move

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Fictional brandsFictional brand – Unnecessary plural. — This, that, and the other (talk) 10:33, 5 May 2011 (UTC)Reply

Moved. — kwami (talk) 21:43, 6 May 2011 (UTC)Reply

Trademarks are not copyrights....

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Quote: "In general, the use of a real brand requires prior written consent by the brand's owner, who will typically demand some control on the brand's use."
Wouldn't editorial use of trademarked product names be considered, naturally, outside of the scope of trademark law protection? In general, to use (in legal terms) a trademark it must be used in commerce, that is - to sell or advertise your own products or services. However, when a writers have a main character of his novel, say, drive an Audi car, or use IPhone or Beretta 92 handgun he refers to a product made either by the trademark owners, or under license from trademark owners, not marketing or advertising his own products. Therefore, no need to ask any permissions because there is no trademark infringement (this is much more narrow in scope, than the copyright infringement, and occur only if an infringer uses trademark to market or advertise his own products and by such action create customer confusion over the origin of the product) and even no trademark dilution (however, to avoid the latter it might be wise to type trademarked brand-name with the capital letter, to show these are brand names, not a generic word for a type of product).
--RussianTrooper (talk) 20:50, 30 September 2017 (UTC)Reply