Does anyone here practice intellectual property law or know someone who does?

[burgold]

The editor of my book just posted a question to me. She asked if we can use brand names in a title. Currently, the working title for my novella is Manischewitz and Brimstone. Clearly, Manischewitz is both the name of a well known Jewish wine as well as a company.

I told her I didn't know the answer to that and would do some asking. I'm sure the publisher will, too.

 

[SkinsOrlando]

It's a public domain question, if those two words are considered public domain you should be fine. Now if you are referencing the specific company it's a different story altogether. We go through this with our marketing BS all the time, since a lot of terms in the business I'm in also now have companies called things that are basic terminology and public domain. I can't attest in your situation without knowing substance and this is why we have a legal department. To be honest, if our legal team thinks remotely there's a chance of a cease and desist we change the language/terminology etc. I'm surprised your editor wouldn't already have copyright attny on file.

 

[burgold]

Thanks.

Manischewitz is referencing the wine. Yeah, she may have to refer it upstairs or the title may have to go. I know in fiction you can use names in the story. For instance, you can have a character go to McDonalds or whatever, but offhand she didn’t know if that was true for titles, too, and asked if I knew.

 

[SkinsOrlando]

I just did a google search of the company, I'd expect even if it's not anything involving them in the story their attorneys will reach out to you especially since they've been around since 1888. However, that is also old enough for something to be considered public domain, good luck Burgold. I'm guessing this isn't a children's book this time around but let me know once you publish so I can pick up a copy.

 

[burgold]

Thanks.

We decided to go with a different title based in part on your earlier advice. The working title right now is Hornytown Chutzpah.