Legal Question in Civil Litigation in Indiana

using trademark names when writing a book

Iam finally starting my life long dream of writing a book. If I want to use the name of a specific T.V. character, such as, Sammy Terry. Would I need to get permission to use the name? It would only be refered to as someone watching the ''Sammy Terry ''Show. thank you for any help.

Asked on 9/01/06, 7:16 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: using trademark names when writing a book

The example you used, where you are writing a story and simply have one of your characters watching the Sammy Terry show, sounds like fair use, not a ocpyright infringement. (Some editors indicate that Sammy Terry is a registered copyright or trademark, as applicable, of so and so.) Since you have assumed the mantle of authorship, you should read some books about writers and the law. Keep them at your bedside, then read them to put yourself to sleep. You can find them at your library, Amazon or your friendly bookstore. Just use search terms like "writer copyright," and you will discover dozens of books. Good luck.

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Answered on 9/01/06, 9:29 pm

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