How can I safely use “Thalidomide” in my novel while respecting the trademark?Can a plagiarist sue one who plagiarized them?How does one determine how much of a song you can use without paying?Can you make (Negative) references to real people and places in a novel?Can I use a real college in my fiction book?Can I use the real name of TV shows in my novel?How would I give the rights to my novel to my parents?How can I ban someone from publishing my work without my permission?Can I use a scientific theory for my story?Could I use obsolete brand name in fiction bookIs it legal to write a novel about people playing “League of Legends”?

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How can I safely use “Thalidomide” in my novel while respecting the trademark?


Can a plagiarist sue one who plagiarized them?How does one determine how much of a song you can use without paying?Can you make (Negative) references to real people and places in a novel?Can I use a real college in my fiction book?Can I use the real name of TV shows in my novel?How would I give the rights to my novel to my parents?How can I ban someone from publishing my work without my permission?Can I use a scientific theory for my story?Could I use obsolete brand name in fiction bookIs it legal to write a novel about people playing “League of Legends”?













10















Thalidomide is a tricky one, as I am referring to its disastrous past regarding birth defects; however, Thalidomide is still used as a immunomodulatory drug today - and even though its used under another name, I'm worried about using the trademarked "Thalidomide" in my novel (One I plan to publish).



Although I try my best to avoid trademarks like the plague, I'm not sure how I can write, especially negatively, in regards to this medicine and the disaster while legally protecting my novel and any subsequent revenue.



Although I could create a pseudonym for "Thalidomide", I do not want to go this route - I reference other important historical events in my novels as well and want to stay as realistic as possible. If possible, I would like to use its actual name.










share|improve this question















migrated from english.stackexchange.com yesterday


This question came from our site for linguists, etymologists, and serious English language enthusiasts.


















  • perhaps the name is used widely enough that it can pass as a generic term, like ziploc bag or garbage disposall

    – jlovegren
    2 days ago






  • 5





    BTW, thalidomide is not the trade name, it is the generic. And the disaster it was is commonly known. I can’t see how it would hurt the company to “reveal” that because for a patient to use it 1. They have something severe and 2. They can only get it through a special program and have to sign all sorts of stuff and be on 2 forms of birth control, etc. So you would not be defaming it in anyway. (I am not a lawyer or author.). Good luck on Writing SE. i lurk there sometimes. I dkn’t write but it is interesting to see what writers need to thibk about.

    – Damila
    2 days ago






  • 1





    Just in case this wasn’t clear, trademark fundamentally doesn’t mean that you’re not allowed to use the trademarked term. There are specific restrictions but those don’t prevent you from general usage. In practice, care is obviously still advisable.

    – Konrad Rudolph
    yesterday







  • 2





    Trademarks do not prevent you from talking about something. I can refer to a car as a Ford Mustang in a story (and even have it break down and cause 20 deaths) without any consequence. What I cannot do is create a vehicle and call it a Ford Mustang.

    – ShadoCat
    yesterday






  • 1





    If you are worried about libel laws, they have to prove malice. Just look up the movie Absence of Malice for a crash course in that bit of law.

    – ShadoCat
    yesterday















10















Thalidomide is a tricky one, as I am referring to its disastrous past regarding birth defects; however, Thalidomide is still used as a immunomodulatory drug today - and even though its used under another name, I'm worried about using the trademarked "Thalidomide" in my novel (One I plan to publish).



Although I try my best to avoid trademarks like the plague, I'm not sure how I can write, especially negatively, in regards to this medicine and the disaster while legally protecting my novel and any subsequent revenue.



Although I could create a pseudonym for "Thalidomide", I do not want to go this route - I reference other important historical events in my novels as well and want to stay as realistic as possible. If possible, I would like to use its actual name.










share|improve this question















migrated from english.stackexchange.com yesterday


This question came from our site for linguists, etymologists, and serious English language enthusiasts.


















  • perhaps the name is used widely enough that it can pass as a generic term, like ziploc bag or garbage disposall

    – jlovegren
    2 days ago






  • 5





    BTW, thalidomide is not the trade name, it is the generic. And the disaster it was is commonly known. I can’t see how it would hurt the company to “reveal” that because for a patient to use it 1. They have something severe and 2. They can only get it through a special program and have to sign all sorts of stuff and be on 2 forms of birth control, etc. So you would not be defaming it in anyway. (I am not a lawyer or author.). Good luck on Writing SE. i lurk there sometimes. I dkn’t write but it is interesting to see what writers need to thibk about.

    – Damila
    2 days ago






  • 1





    Just in case this wasn’t clear, trademark fundamentally doesn’t mean that you’re not allowed to use the trademarked term. There are specific restrictions but those don’t prevent you from general usage. In practice, care is obviously still advisable.

    – Konrad Rudolph
    yesterday







  • 2





    Trademarks do not prevent you from talking about something. I can refer to a car as a Ford Mustang in a story (and even have it break down and cause 20 deaths) without any consequence. What I cannot do is create a vehicle and call it a Ford Mustang.

    – ShadoCat
    yesterday






  • 1





    If you are worried about libel laws, they have to prove malice. Just look up the movie Absence of Malice for a crash course in that bit of law.

    – ShadoCat
    yesterday













10












10








10


1






Thalidomide is a tricky one, as I am referring to its disastrous past regarding birth defects; however, Thalidomide is still used as a immunomodulatory drug today - and even though its used under another name, I'm worried about using the trademarked "Thalidomide" in my novel (One I plan to publish).



Although I try my best to avoid trademarks like the plague, I'm not sure how I can write, especially negatively, in regards to this medicine and the disaster while legally protecting my novel and any subsequent revenue.



Although I could create a pseudonym for "Thalidomide", I do not want to go this route - I reference other important historical events in my novels as well and want to stay as realistic as possible. If possible, I would like to use its actual name.










share|improve this question
















Thalidomide is a tricky one, as I am referring to its disastrous past regarding birth defects; however, Thalidomide is still used as a immunomodulatory drug today - and even though its used under another name, I'm worried about using the trademarked "Thalidomide" in my novel (One I plan to publish).



Although I try my best to avoid trademarks like the plague, I'm not sure how I can write, especially negatively, in regards to this medicine and the disaster while legally protecting my novel and any subsequent revenue.



Although I could create a pseudonym for "Thalidomide", I do not want to go this route - I reference other important historical events in my novels as well and want to stay as realistic as possible. If possible, I would like to use its actual name.







publishing legal trademark






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited yesterday









Cyn

14.7k13272




14.7k13272










asked 2 days ago









Margaret BeltMargaret Belt

33129




33129




migrated from english.stackexchange.com yesterday


This question came from our site for linguists, etymologists, and serious English language enthusiasts.









migrated from english.stackexchange.com yesterday


This question came from our site for linguists, etymologists, and serious English language enthusiasts.














  • perhaps the name is used widely enough that it can pass as a generic term, like ziploc bag or garbage disposall

    – jlovegren
    2 days ago






  • 5





    BTW, thalidomide is not the trade name, it is the generic. And the disaster it was is commonly known. I can’t see how it would hurt the company to “reveal” that because for a patient to use it 1. They have something severe and 2. They can only get it through a special program and have to sign all sorts of stuff and be on 2 forms of birth control, etc. So you would not be defaming it in anyway. (I am not a lawyer or author.). Good luck on Writing SE. i lurk there sometimes. I dkn’t write but it is interesting to see what writers need to thibk about.

    – Damila
    2 days ago






  • 1





    Just in case this wasn’t clear, trademark fundamentally doesn’t mean that you’re not allowed to use the trademarked term. There are specific restrictions but those don’t prevent you from general usage. In practice, care is obviously still advisable.

    – Konrad Rudolph
    yesterday







  • 2





    Trademarks do not prevent you from talking about something. I can refer to a car as a Ford Mustang in a story (and even have it break down and cause 20 deaths) without any consequence. What I cannot do is create a vehicle and call it a Ford Mustang.

    – ShadoCat
    yesterday






  • 1





    If you are worried about libel laws, they have to prove malice. Just look up the movie Absence of Malice for a crash course in that bit of law.

    – ShadoCat
    yesterday

















  • perhaps the name is used widely enough that it can pass as a generic term, like ziploc bag or garbage disposall

    – jlovegren
    2 days ago






  • 5





    BTW, thalidomide is not the trade name, it is the generic. And the disaster it was is commonly known. I can’t see how it would hurt the company to “reveal” that because for a patient to use it 1. They have something severe and 2. They can only get it through a special program and have to sign all sorts of stuff and be on 2 forms of birth control, etc. So you would not be defaming it in anyway. (I am not a lawyer or author.). Good luck on Writing SE. i lurk there sometimes. I dkn’t write but it is interesting to see what writers need to thibk about.

    – Damila
    2 days ago






  • 1





    Just in case this wasn’t clear, trademark fundamentally doesn’t mean that you’re not allowed to use the trademarked term. There are specific restrictions but those don’t prevent you from general usage. In practice, care is obviously still advisable.

    – Konrad Rudolph
    yesterday







  • 2





    Trademarks do not prevent you from talking about something. I can refer to a car as a Ford Mustang in a story (and even have it break down and cause 20 deaths) without any consequence. What I cannot do is create a vehicle and call it a Ford Mustang.

    – ShadoCat
    yesterday






  • 1





    If you are worried about libel laws, they have to prove malice. Just look up the movie Absence of Malice for a crash course in that bit of law.

    – ShadoCat
    yesterday
















perhaps the name is used widely enough that it can pass as a generic term, like ziploc bag or garbage disposall

– jlovegren
2 days ago





perhaps the name is used widely enough that it can pass as a generic term, like ziploc bag or garbage disposall

– jlovegren
2 days ago




5




5





BTW, thalidomide is not the trade name, it is the generic. And the disaster it was is commonly known. I can’t see how it would hurt the company to “reveal” that because for a patient to use it 1. They have something severe and 2. They can only get it through a special program and have to sign all sorts of stuff and be on 2 forms of birth control, etc. So you would not be defaming it in anyway. (I am not a lawyer or author.). Good luck on Writing SE. i lurk there sometimes. I dkn’t write but it is interesting to see what writers need to thibk about.

– Damila
2 days ago





BTW, thalidomide is not the trade name, it is the generic. And the disaster it was is commonly known. I can’t see how it would hurt the company to “reveal” that because for a patient to use it 1. They have something severe and 2. They can only get it through a special program and have to sign all sorts of stuff and be on 2 forms of birth control, etc. So you would not be defaming it in anyway. (I am not a lawyer or author.). Good luck on Writing SE. i lurk there sometimes. I dkn’t write but it is interesting to see what writers need to thibk about.

– Damila
2 days ago




1




1





Just in case this wasn’t clear, trademark fundamentally doesn’t mean that you’re not allowed to use the trademarked term. There are specific restrictions but those don’t prevent you from general usage. In practice, care is obviously still advisable.

– Konrad Rudolph
yesterday






Just in case this wasn’t clear, trademark fundamentally doesn’t mean that you’re not allowed to use the trademarked term. There are specific restrictions but those don’t prevent you from general usage. In practice, care is obviously still advisable.

– Konrad Rudolph
yesterday





2




2





Trademarks do not prevent you from talking about something. I can refer to a car as a Ford Mustang in a story (and even have it break down and cause 20 deaths) without any consequence. What I cannot do is create a vehicle and call it a Ford Mustang.

– ShadoCat
yesterday





Trademarks do not prevent you from talking about something. I can refer to a car as a Ford Mustang in a story (and even have it break down and cause 20 deaths) without any consequence. What I cannot do is create a vehicle and call it a Ford Mustang.

– ShadoCat
yesterday




1




1





If you are worried about libel laws, they have to prove malice. Just look up the movie Absence of Malice for a crash course in that bit of law.

– ShadoCat
yesterday





If you are worried about libel laws, they have to prove malice. Just look up the movie Absence of Malice for a crash course in that bit of law.

– ShadoCat
yesterday










4 Answers
4






active

oldest

votes


















27














Here is the entry for thalidomide in Merriam-Webster's Ninth New Collegiate Dictionary (1983):




thalidomide n phthalic acid + -id- (fr. imide) + -o- + imide (1962) : a sedative and hypnotic drug C13H10N2O4 that has been the cause of malformation of infants born to mothers using it during pregnancy




What this entry means is that thalidomide is a generic name for a chemical compound—like aspirin. It isn't a proper name and therefore should not be capitalized.



According to the Wikipedia article on thalidomide, the drug was sold under the following trade names:




Contergan, Thalomid, Immunoprin, Talidex, Talizer, Neurosedyn, Distaval and many others




But if you use the generic term thalidomide, you aren't pointing to any specific brand sold during the 1950s (or later) and, again, you shouldn't capitalize the word.






share|improve this answer


















  • 3





    although, interestingly enough, the word aspirin was trademarked by Bayer in Canada and is not a generic term there. Acetylsalicylic acid (ASA) is the generic term in all countries.

    – Lauren Ipsum
    yesterday






  • 1





    "Heroin" is a trademarked term. So if you ask a drug dealer for "Heroin", you're breaking the law!

    – Acccumulation
    yesterday






  • 1





    @LaurenIpsum Wikipedia lists "Bayer Aspirin" as trademark but "aspirin" as USAN which essential means the name is public domain in the US. But I'm not sure if that's also true internationally, so I agree that acetylsalicylic acid would have been a better example.

    – kapex
    yesterday



















8














The other answers correctly point out that "thalidomide" is a generic drug and is not trademarked. But I'd like to answer the more general question, which is if/how you can refer to a trademark in a work of fiction.



In a website article, Using Trademarks in Fiction, the author describes 3 issues to consider: “product disparagement,” “trademark dilution” and “trademark tarnishment.”



Product disparagement would be the main issue in your work. Technically it's only a problem if your claims are false, but we know that large companies will bring suit anyway if they feel the need. The costs for them in a garbage suit are few but they can control the press and bankrupt the writer. In the US, it doesn't matter if you're right, it matters if you can pay your lawyers.



In another web article, Can I Mention Brand Name Products in My Fiction?, the author focuses on 4 issues: "trademark infringement," "trademark dilution," "trademark tarnishment,"and "defamation."



Here, we also have recommendations of an abundance of caution. Big companies can be really touchy.




For example, the director Danny Boyle, told the press that he caused
Mercedes Benz logos to be digitally removed from cars in his film Slum
Dog Millionaire when the manufacturer objected to the depiction of its
cars in Bombay slum settings.




Makers of movies and TV shows generally are a lot more careful than book publishers, because of the wider audiences and more obvious references.



I have not found legal references for what to do when a product is widely acknowledged as having caused harm. Certainly it is okay to talk about (or even show explicitly) the dangers of cigarettes or lead. These aren't trademarks but they both have powerful lobbyists and industry groups. Remember how the beef industry went after Oprah for talking about mad cow disease on her show in 1996? She ultimately won, but only after a lot of her time and money.



So it depends. If all you're doing is mentioning that a character has a disability caused by thalidomide, even if it were a trademarked product, you're probably fine, as it is well-documented that these cases happened.






share|improve this answer






























    2














    Thalidomide is the generic form of the brand-name drug Thalomid. I would think no one owns a trademark on a generic name. If you are taking thalidomide to treat XYZ, the most common side effects are: … is an example of a name that is geneticized but if the sentence reads; If you are taking Thalomid … then you would be using the brands name.






    share|improve this answer






























      2














      If you have a character who has a birth defect caused by thalidomide, just use the term. Thalidomide child or thalidomide baby were how this defect was called.




      When I was in university, one of the girls in our dorm announced that her younger sister would be joining her. She warned us of two things: Susan was a thalidomide child and DO NOT help her.



      Susan moved into the dorm and she was a tough minded girl. In her case, her defect was that her arms were extremely short. Carrying books was difficult for her, but we had been instructed on how not to drive her nuts.



      One afternoon, I saw Susan by the elevator of the Humanities building and she had dropped her books. I asked her if she would like some help - an important lesson in respect - and she agreed it would be faster if I helped, so let me pick up a few of her books and give them to her.



      Susan once told me that the doctor who prescribed the thalidomide to her mother apologized to her.







      share|improve this answer

























      • I approved the edit but this is not a sample of fiction.

        – Rasdashan
        yesterday










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      4 Answers
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      4 Answers
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      active

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      active

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      27














      Here is the entry for thalidomide in Merriam-Webster's Ninth New Collegiate Dictionary (1983):




      thalidomide n phthalic acid + -id- (fr. imide) + -o- + imide (1962) : a sedative and hypnotic drug C13H10N2O4 that has been the cause of malformation of infants born to mothers using it during pregnancy




      What this entry means is that thalidomide is a generic name for a chemical compound—like aspirin. It isn't a proper name and therefore should not be capitalized.



      According to the Wikipedia article on thalidomide, the drug was sold under the following trade names:




      Contergan, Thalomid, Immunoprin, Talidex, Talizer, Neurosedyn, Distaval and many others




      But if you use the generic term thalidomide, you aren't pointing to any specific brand sold during the 1950s (or later) and, again, you shouldn't capitalize the word.






      share|improve this answer


















      • 3





        although, interestingly enough, the word aspirin was trademarked by Bayer in Canada and is not a generic term there. Acetylsalicylic acid (ASA) is the generic term in all countries.

        – Lauren Ipsum
        yesterday






      • 1





        "Heroin" is a trademarked term. So if you ask a drug dealer for "Heroin", you're breaking the law!

        – Acccumulation
        yesterday






      • 1





        @LaurenIpsum Wikipedia lists "Bayer Aspirin" as trademark but "aspirin" as USAN which essential means the name is public domain in the US. But I'm not sure if that's also true internationally, so I agree that acetylsalicylic acid would have been a better example.

        – kapex
        yesterday
















      27














      Here is the entry for thalidomide in Merriam-Webster's Ninth New Collegiate Dictionary (1983):




      thalidomide n phthalic acid + -id- (fr. imide) + -o- + imide (1962) : a sedative and hypnotic drug C13H10N2O4 that has been the cause of malformation of infants born to mothers using it during pregnancy




      What this entry means is that thalidomide is a generic name for a chemical compound—like aspirin. It isn't a proper name and therefore should not be capitalized.



      According to the Wikipedia article on thalidomide, the drug was sold under the following trade names:




      Contergan, Thalomid, Immunoprin, Talidex, Talizer, Neurosedyn, Distaval and many others




      But if you use the generic term thalidomide, you aren't pointing to any specific brand sold during the 1950s (or later) and, again, you shouldn't capitalize the word.






      share|improve this answer


















      • 3





        although, interestingly enough, the word aspirin was trademarked by Bayer in Canada and is not a generic term there. Acetylsalicylic acid (ASA) is the generic term in all countries.

        – Lauren Ipsum
        yesterday






      • 1





        "Heroin" is a trademarked term. So if you ask a drug dealer for "Heroin", you're breaking the law!

        – Acccumulation
        yesterday






      • 1





        @LaurenIpsum Wikipedia lists "Bayer Aspirin" as trademark but "aspirin" as USAN which essential means the name is public domain in the US. But I'm not sure if that's also true internationally, so I agree that acetylsalicylic acid would have been a better example.

        – kapex
        yesterday














      27












      27








      27







      Here is the entry for thalidomide in Merriam-Webster's Ninth New Collegiate Dictionary (1983):




      thalidomide n phthalic acid + -id- (fr. imide) + -o- + imide (1962) : a sedative and hypnotic drug C13H10N2O4 that has been the cause of malformation of infants born to mothers using it during pregnancy




      What this entry means is that thalidomide is a generic name for a chemical compound—like aspirin. It isn't a proper name and therefore should not be capitalized.



      According to the Wikipedia article on thalidomide, the drug was sold under the following trade names:




      Contergan, Thalomid, Immunoprin, Talidex, Talizer, Neurosedyn, Distaval and many others




      But if you use the generic term thalidomide, you aren't pointing to any specific brand sold during the 1950s (or later) and, again, you shouldn't capitalize the word.






      share|improve this answer













      Here is the entry for thalidomide in Merriam-Webster's Ninth New Collegiate Dictionary (1983):




      thalidomide n phthalic acid + -id- (fr. imide) + -o- + imide (1962) : a sedative and hypnotic drug C13H10N2O4 that has been the cause of malformation of infants born to mothers using it during pregnancy




      What this entry means is that thalidomide is a generic name for a chemical compound—like aspirin. It isn't a proper name and therefore should not be capitalized.



      According to the Wikipedia article on thalidomide, the drug was sold under the following trade names:




      Contergan, Thalomid, Immunoprin, Talidex, Talizer, Neurosedyn, Distaval and many others




      But if you use the generic term thalidomide, you aren't pointing to any specific brand sold during the 1950s (or later) and, again, you shouldn't capitalize the word.







      share|improve this answer












      share|improve this answer



      share|improve this answer










      answered 2 days ago









      Sven YargsSven Yargs

      37634




      37634







      • 3





        although, interestingly enough, the word aspirin was trademarked by Bayer in Canada and is not a generic term there. Acetylsalicylic acid (ASA) is the generic term in all countries.

        – Lauren Ipsum
        yesterday






      • 1





        "Heroin" is a trademarked term. So if you ask a drug dealer for "Heroin", you're breaking the law!

        – Acccumulation
        yesterday






      • 1





        @LaurenIpsum Wikipedia lists "Bayer Aspirin" as trademark but "aspirin" as USAN which essential means the name is public domain in the US. But I'm not sure if that's also true internationally, so I agree that acetylsalicylic acid would have been a better example.

        – kapex
        yesterday













      • 3





        although, interestingly enough, the word aspirin was trademarked by Bayer in Canada and is not a generic term there. Acetylsalicylic acid (ASA) is the generic term in all countries.

        – Lauren Ipsum
        yesterday






      • 1





        "Heroin" is a trademarked term. So if you ask a drug dealer for "Heroin", you're breaking the law!

        – Acccumulation
        yesterday






      • 1





        @LaurenIpsum Wikipedia lists "Bayer Aspirin" as trademark but "aspirin" as USAN which essential means the name is public domain in the US. But I'm not sure if that's also true internationally, so I agree that acetylsalicylic acid would have been a better example.

        – kapex
        yesterday








      3




      3





      although, interestingly enough, the word aspirin was trademarked by Bayer in Canada and is not a generic term there. Acetylsalicylic acid (ASA) is the generic term in all countries.

      – Lauren Ipsum
      yesterday





      although, interestingly enough, the word aspirin was trademarked by Bayer in Canada and is not a generic term there. Acetylsalicylic acid (ASA) is the generic term in all countries.

      – Lauren Ipsum
      yesterday




      1




      1





      "Heroin" is a trademarked term. So if you ask a drug dealer for "Heroin", you're breaking the law!

      – Acccumulation
      yesterday





      "Heroin" is a trademarked term. So if you ask a drug dealer for "Heroin", you're breaking the law!

      – Acccumulation
      yesterday




      1




      1





      @LaurenIpsum Wikipedia lists "Bayer Aspirin" as trademark but "aspirin" as USAN which essential means the name is public domain in the US. But I'm not sure if that's also true internationally, so I agree that acetylsalicylic acid would have been a better example.

      – kapex
      yesterday






      @LaurenIpsum Wikipedia lists "Bayer Aspirin" as trademark but "aspirin" as USAN which essential means the name is public domain in the US. But I'm not sure if that's also true internationally, so I agree that acetylsalicylic acid would have been a better example.

      – kapex
      yesterday












      8














      The other answers correctly point out that "thalidomide" is a generic drug and is not trademarked. But I'd like to answer the more general question, which is if/how you can refer to a trademark in a work of fiction.



      In a website article, Using Trademarks in Fiction, the author describes 3 issues to consider: “product disparagement,” “trademark dilution” and “trademark tarnishment.”



      Product disparagement would be the main issue in your work. Technically it's only a problem if your claims are false, but we know that large companies will bring suit anyway if they feel the need. The costs for them in a garbage suit are few but they can control the press and bankrupt the writer. In the US, it doesn't matter if you're right, it matters if you can pay your lawyers.



      In another web article, Can I Mention Brand Name Products in My Fiction?, the author focuses on 4 issues: "trademark infringement," "trademark dilution," "trademark tarnishment,"and "defamation."



      Here, we also have recommendations of an abundance of caution. Big companies can be really touchy.




      For example, the director Danny Boyle, told the press that he caused
      Mercedes Benz logos to be digitally removed from cars in his film Slum
      Dog Millionaire when the manufacturer objected to the depiction of its
      cars in Bombay slum settings.




      Makers of movies and TV shows generally are a lot more careful than book publishers, because of the wider audiences and more obvious references.



      I have not found legal references for what to do when a product is widely acknowledged as having caused harm. Certainly it is okay to talk about (or even show explicitly) the dangers of cigarettes or lead. These aren't trademarks but they both have powerful lobbyists and industry groups. Remember how the beef industry went after Oprah for talking about mad cow disease on her show in 1996? She ultimately won, but only after a lot of her time and money.



      So it depends. If all you're doing is mentioning that a character has a disability caused by thalidomide, even if it were a trademarked product, you're probably fine, as it is well-documented that these cases happened.






      share|improve this answer



























        8














        The other answers correctly point out that "thalidomide" is a generic drug and is not trademarked. But I'd like to answer the more general question, which is if/how you can refer to a trademark in a work of fiction.



        In a website article, Using Trademarks in Fiction, the author describes 3 issues to consider: “product disparagement,” “trademark dilution” and “trademark tarnishment.”



        Product disparagement would be the main issue in your work. Technically it's only a problem if your claims are false, but we know that large companies will bring suit anyway if they feel the need. The costs for them in a garbage suit are few but they can control the press and bankrupt the writer. In the US, it doesn't matter if you're right, it matters if you can pay your lawyers.



        In another web article, Can I Mention Brand Name Products in My Fiction?, the author focuses on 4 issues: "trademark infringement," "trademark dilution," "trademark tarnishment,"and "defamation."



        Here, we also have recommendations of an abundance of caution. Big companies can be really touchy.




        For example, the director Danny Boyle, told the press that he caused
        Mercedes Benz logos to be digitally removed from cars in his film Slum
        Dog Millionaire when the manufacturer objected to the depiction of its
        cars in Bombay slum settings.




        Makers of movies and TV shows generally are a lot more careful than book publishers, because of the wider audiences and more obvious references.



        I have not found legal references for what to do when a product is widely acknowledged as having caused harm. Certainly it is okay to talk about (or even show explicitly) the dangers of cigarettes or lead. These aren't trademarks but they both have powerful lobbyists and industry groups. Remember how the beef industry went after Oprah for talking about mad cow disease on her show in 1996? She ultimately won, but only after a lot of her time and money.



        So it depends. If all you're doing is mentioning that a character has a disability caused by thalidomide, even if it were a trademarked product, you're probably fine, as it is well-documented that these cases happened.






        share|improve this answer

























          8












          8








          8







          The other answers correctly point out that "thalidomide" is a generic drug and is not trademarked. But I'd like to answer the more general question, which is if/how you can refer to a trademark in a work of fiction.



          In a website article, Using Trademarks in Fiction, the author describes 3 issues to consider: “product disparagement,” “trademark dilution” and “trademark tarnishment.”



          Product disparagement would be the main issue in your work. Technically it's only a problem if your claims are false, but we know that large companies will bring suit anyway if they feel the need. The costs for them in a garbage suit are few but they can control the press and bankrupt the writer. In the US, it doesn't matter if you're right, it matters if you can pay your lawyers.



          In another web article, Can I Mention Brand Name Products in My Fiction?, the author focuses on 4 issues: "trademark infringement," "trademark dilution," "trademark tarnishment,"and "defamation."



          Here, we also have recommendations of an abundance of caution. Big companies can be really touchy.




          For example, the director Danny Boyle, told the press that he caused
          Mercedes Benz logos to be digitally removed from cars in his film Slum
          Dog Millionaire when the manufacturer objected to the depiction of its
          cars in Bombay slum settings.




          Makers of movies and TV shows generally are a lot more careful than book publishers, because of the wider audiences and more obvious references.



          I have not found legal references for what to do when a product is widely acknowledged as having caused harm. Certainly it is okay to talk about (or even show explicitly) the dangers of cigarettes or lead. These aren't trademarks but they both have powerful lobbyists and industry groups. Remember how the beef industry went after Oprah for talking about mad cow disease on her show in 1996? She ultimately won, but only after a lot of her time and money.



          So it depends. If all you're doing is mentioning that a character has a disability caused by thalidomide, even if it were a trademarked product, you're probably fine, as it is well-documented that these cases happened.






          share|improve this answer













          The other answers correctly point out that "thalidomide" is a generic drug and is not trademarked. But I'd like to answer the more general question, which is if/how you can refer to a trademark in a work of fiction.



          In a website article, Using Trademarks in Fiction, the author describes 3 issues to consider: “product disparagement,” “trademark dilution” and “trademark tarnishment.”



          Product disparagement would be the main issue in your work. Technically it's only a problem if your claims are false, but we know that large companies will bring suit anyway if they feel the need. The costs for them in a garbage suit are few but they can control the press and bankrupt the writer. In the US, it doesn't matter if you're right, it matters if you can pay your lawyers.



          In another web article, Can I Mention Brand Name Products in My Fiction?, the author focuses on 4 issues: "trademark infringement," "trademark dilution," "trademark tarnishment,"and "defamation."



          Here, we also have recommendations of an abundance of caution. Big companies can be really touchy.




          For example, the director Danny Boyle, told the press that he caused
          Mercedes Benz logos to be digitally removed from cars in his film Slum
          Dog Millionaire when the manufacturer objected to the depiction of its
          cars in Bombay slum settings.




          Makers of movies and TV shows generally are a lot more careful than book publishers, because of the wider audiences and more obvious references.



          I have not found legal references for what to do when a product is widely acknowledged as having caused harm. Certainly it is okay to talk about (or even show explicitly) the dangers of cigarettes or lead. These aren't trademarks but they both have powerful lobbyists and industry groups. Remember how the beef industry went after Oprah for talking about mad cow disease on her show in 1996? She ultimately won, but only after a lot of her time and money.



          So it depends. If all you're doing is mentioning that a character has a disability caused by thalidomide, even if it were a trademarked product, you're probably fine, as it is well-documented that these cases happened.







          share|improve this answer












          share|improve this answer



          share|improve this answer










          answered yesterday









          CynCyn

          14.7k13272




          14.7k13272





















              2














              Thalidomide is the generic form of the brand-name drug Thalomid. I would think no one owns a trademark on a generic name. If you are taking thalidomide to treat XYZ, the most common side effects are: … is an example of a name that is geneticized but if the sentence reads; If you are taking Thalomid … then you would be using the brands name.






              share|improve this answer



























                2














                Thalidomide is the generic form of the brand-name drug Thalomid. I would think no one owns a trademark on a generic name. If you are taking thalidomide to treat XYZ, the most common side effects are: … is an example of a name that is geneticized but if the sentence reads; If you are taking Thalomid … then you would be using the brands name.






                share|improve this answer

























                  2












                  2








                  2







                  Thalidomide is the generic form of the brand-name drug Thalomid. I would think no one owns a trademark on a generic name. If you are taking thalidomide to treat XYZ, the most common side effects are: … is an example of a name that is geneticized but if the sentence reads; If you are taking Thalomid … then you would be using the brands name.






                  share|improve this answer













                  Thalidomide is the generic form of the brand-name drug Thalomid. I would think no one owns a trademark on a generic name. If you are taking thalidomide to treat XYZ, the most common side effects are: … is an example of a name that is geneticized but if the sentence reads; If you are taking Thalomid … then you would be using the brands name.







                  share|improve this answer












                  share|improve this answer



                  share|improve this answer










                  answered 2 days ago







                  Vincent Wiley




























                      2














                      If you have a character who has a birth defect caused by thalidomide, just use the term. Thalidomide child or thalidomide baby were how this defect was called.




                      When I was in university, one of the girls in our dorm announced that her younger sister would be joining her. She warned us of two things: Susan was a thalidomide child and DO NOT help her.



                      Susan moved into the dorm and she was a tough minded girl. In her case, her defect was that her arms were extremely short. Carrying books was difficult for her, but we had been instructed on how not to drive her nuts.



                      One afternoon, I saw Susan by the elevator of the Humanities building and she had dropped her books. I asked her if she would like some help - an important lesson in respect - and she agreed it would be faster if I helped, so let me pick up a few of her books and give them to her.



                      Susan once told me that the doctor who prescribed the thalidomide to her mother apologized to her.







                      share|improve this answer

























                      • I approved the edit but this is not a sample of fiction.

                        – Rasdashan
                        yesterday















                      2














                      If you have a character who has a birth defect caused by thalidomide, just use the term. Thalidomide child or thalidomide baby were how this defect was called.




                      When I was in university, one of the girls in our dorm announced that her younger sister would be joining her. She warned us of two things: Susan was a thalidomide child and DO NOT help her.



                      Susan moved into the dorm and she was a tough minded girl. In her case, her defect was that her arms were extremely short. Carrying books was difficult for her, but we had been instructed on how not to drive her nuts.



                      One afternoon, I saw Susan by the elevator of the Humanities building and she had dropped her books. I asked her if she would like some help - an important lesson in respect - and she agreed it would be faster if I helped, so let me pick up a few of her books and give them to her.



                      Susan once told me that the doctor who prescribed the thalidomide to her mother apologized to her.







                      share|improve this answer

























                      • I approved the edit but this is not a sample of fiction.

                        – Rasdashan
                        yesterday













                      2












                      2








                      2







                      If you have a character who has a birth defect caused by thalidomide, just use the term. Thalidomide child or thalidomide baby were how this defect was called.




                      When I was in university, one of the girls in our dorm announced that her younger sister would be joining her. She warned us of two things: Susan was a thalidomide child and DO NOT help her.



                      Susan moved into the dorm and she was a tough minded girl. In her case, her defect was that her arms were extremely short. Carrying books was difficult for her, but we had been instructed on how not to drive her nuts.



                      One afternoon, I saw Susan by the elevator of the Humanities building and she had dropped her books. I asked her if she would like some help - an important lesson in respect - and she agreed it would be faster if I helped, so let me pick up a few of her books and give them to her.



                      Susan once told me that the doctor who prescribed the thalidomide to her mother apologized to her.







                      share|improve this answer















                      If you have a character who has a birth defect caused by thalidomide, just use the term. Thalidomide child or thalidomide baby were how this defect was called.




                      When I was in university, one of the girls in our dorm announced that her younger sister would be joining her. She warned us of two things: Susan was a thalidomide child and DO NOT help her.



                      Susan moved into the dorm and she was a tough minded girl. In her case, her defect was that her arms were extremely short. Carrying books was difficult for her, but we had been instructed on how not to drive her nuts.



                      One afternoon, I saw Susan by the elevator of the Humanities building and she had dropped her books. I asked her if she would like some help - an important lesson in respect - and she agreed it would be faster if I helped, so let me pick up a few of her books and give them to her.



                      Susan once told me that the doctor who prescribed the thalidomide to her mother apologized to her.








                      share|improve this answer














                      share|improve this answer



                      share|improve this answer








                      edited yesterday









                      Glorfindel

                      129119




                      129119










                      answered yesterday









                      RasdashanRasdashan

                      8,3191154




                      8,3191154












                      • I approved the edit but this is not a sample of fiction.

                        – Rasdashan
                        yesterday

















                      • I approved the edit but this is not a sample of fiction.

                        – Rasdashan
                        yesterday
















                      I approved the edit but this is not a sample of fiction.

                      – Rasdashan
                      yesterday





                      I approved the edit but this is not a sample of fiction.

                      – Rasdashan
                      yesterday

















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