Can I Use a Real Store Name in a Stage Play?

When it comes to incorporating real store names into a stage play, there are some important considerations to bear in mind. While businesses often appreciate free publicity, a stage play can complicate the situation. In this guide, we will explore the dos and don'ts of using real store names in stage plays and discuss the legal and ethical implications involved.

Cautionary Advice for Using Real Store Names

Joseph has already mentioned that most businesses welcome the opportunity for free publicity. However, to ensure that your stage play does not cause unintended consequences, you must proceed with caution. Here are the guidelines to follow:

No Product Placement

Avoid Using Their Name in Your Title: Including the store name in your stage play's title can lead to confusion or legal action. Potential audiences may not understand the difference between a stage play and a commercial. It is best to avoid using the store name in your title.

Avoid Negative Comments: Refrain from saying anything negative about the store. Any criticism, even if it is protected by the "nominative fair use" principle, can harm the store's reputation. Ensure that any discussion about the store flows naturally and does not appear to be targeted advertising.

Avoid Incorporating the Store into the Plot: The store should not be a central character or pivotal element in your stage play. If the store becomes too integrated into the plot, it may be perceived as product placement, which can damage the store's brand.

Permission is Key

As mentioned by another source, it is essential to obtain written permission from the store owner before using their name in your stage play. Even if you believe that the store will welcome the publicity, it is safer to ask for permission. Without written consent, you run the risk of legal action if the store feels that their reputation has been harmed.

Despite the hesitations, it is worth noting that businesses often view mentions in stage plays as positive publicity. They may be flattered to be included and even seek further collaboration. However, if you wish to proceed without consent, you must be prepared for potential negative outcomes. In such cases, it is better to be proactive and show your intentions. In the end, the decision is often made based on the portrayal of the store, and if it is portrayed positively, the store owner may choose to continue the association.

Nominative Fair Use

The legal principle of nominative fair use protects businesses from unauthorized use of their names, provided that the use is descriptive and does not imply sponsorship or endorsement. For example, even if a stage play mentions that a character went to "Outback" on a date or to "Macy's" to shop, this is likely to be protected under nominative fair use.

Key Points to Remember:

Descriptive Use: Ensure that the use of the store name is purely descriptive and does not imply endorsement or sponsorship.

No Endorsement: Make sure that the store is not portrayed as endorsing or promoting the stage play. This includes avoiding any financial or contractual implications.

Positive Portrayal: If the store is portrayed in a positive light, it is more likely to be viewed as harmless and even beneficial.

In conclusion, including real store names in stage plays is a delicate matter. By following the guidelines mentioned here and obtaining necessary permissions, you can navigate this complex landscape and avoid running afoul of legal restrictions. Remember, the key is to ensure that the store name is used in a way that does not imply sponsorship or endorsement, and that the portrayal is likely to benefit rather than harm the store's reputation.