Did you know that I can’t use ‘Jammie dodger’ in my novels? ‘Dodger’ or ‘Jammy’ sure, I can probably get away with it, but the use of ‘Jammie Dodger’ without proper permission is, potentially, a trademark infringement and lawyers might come knocking. This at least is the fear of my publisher, and quite regardless of whether the fear is legally valid, the terror itself is real. And this, in a novel where the jammie dodger is praised! It is honoured as the biscuit of choice for the trolls, vampires, goblins and shamans who consume it! It is the pinnacle of digestive satisfaction, consumed lovingly by good people in search of higher truths and if anyone was so stupid as to attempt to sue me for that then truly, civilization is dead.
Just saying.
5 comments
Dawn Rodgers says:
July 1, 2012 at 10:58 pm (UTC 1 )
That’s weird, which means I couldn’t put it in my autobiography either, even though it used to be one of my school nick-names, due to my last name being Rodgers!
Adam J Purcell says:
July 2, 2012 at 9:53 pm (UTC 1 )
That’s very odd! By that logic you cannot ever mention any brand name. If a character needs to identify a particular type of car, for example, would you have to come up with some elaborate form of verbal charades, I’m Sorry I Haven’t a Clue style?
I though the BBC had it bad with their no product placement rules and sticky back plastic rather than sellotape! Actually, getting back to Jammie Dodgers, I seem to remember a certain BBC bow-tie-wearing-time-travelling-alien discussing Jammie Dodgers by name with a certain pepper-pot like enemy only a couple of years ago…
jeff lowrey says:
July 2, 2012 at 10:58 pm (UTC 1 )
So if you don’t sidestep the name, things might get a bit sticky?
AdrianH says:
July 5, 2012 at 8:31 pm (UTC 1 )
Since when has ‘jammy dodger’ been a registered Trade Name? I’ve always thought of it as a nick-name…
Right, a quick Google has revealed that it is the registered name and Burton biscuits are the manufacturer. I’m sure, thought, that there is provision for using trade names and product names in literature for proper descriptive purposes provided its not defamatory. William Gibson has done it for years, his recent books are full of Apple products, a main character wears a replica black nylon MA1 flying jacket by a Japanese company, who had never ever made a black version, as the military never made one.
As soon as they found out about it they immediately started producing a black ‘William Gibson Pattern Recognition’ jacket!
That the way to do things.
I wonder if contacting Burtons publicity people and asking them directly might reveal that they are ambivalent about it, as the words have pretty much become common usage, like biro and Hoover.
Dawn Rodgers says:
March 20, 2013 at 3:44 pm (UTC 1 )
Adam, I think you’ll find that ‘sticky-backed plastic’ comes in sheets with patterns on it. It’s not sticky tape or sellotape.