Can I be sued for a store name used in my fiction?
I wrote a short story in which I used the name--slightly altered--and some of the details of the store's window display and interior (it's a mom & pop repair store). However, I re-located the store from one city to another, and the character who owns and works in the store is completly fictional...doesn't even have the same first name or resemblence of the owner.
An excerpt of the story was published on the internet, and--b/c it is in the town I live in--they think it is their store and are threatening to sue me.
It's fiction. Made up. And all of the characters in it are portrayed in a favorable and generous light.
Besides, the store is only mentioned incidentally--a move-the-plot-along and add some color device.
Do they have a legal leg to stand on?
Answers:
Did the story make you a gazillion dollars?
First law of litigation:
You can't get blood from a stone.
They would be better off suing the website that published it.
And even then, their claim is shaky. They would have to prove that a) people would recognize them from the story
and b) they have been libelled.
Re: Disclaimer
Supposedly there is a disclaimer, as the first person stated,
that basically says something along the lines that events and characters etc. in this story are fictional.
You can read more here:
http://en.wikipedia.org/wiki/disclaimer...
If you want an answer from a qualified lawyer, try a bulletin board for lawyers.
All persons fictitious disclaimer
http://en.wikipedia.org/wiki/all_persons...
Add Disclaimer.
I would think as long as it's not the same exact name of the store, you're ok.
But i'm no lawyer.
If the stores name is trademark/patent protected of course they can.
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