Prescription drug use and names in films

N

n1c02

Well-known member
Does anyone know any laws or anything concerning the use of a prescription drug name within a film. for example a character in my film will be using Xanax.. Am I allowed to say the name without permission? show the product.?

Thanks
Terry
 
Xanax is probably a trademarked name. All the same cautions would apply as they would with using any protected intellectual property in a film. IOW, if you're not sure, ask your lawyer.
 
I doubt just mentioning the name of the product would be an infringement, though you could get in trouble if you disparage the product to the point where it might impact the product's reputation in the marketplace. But arniepix is right -- to be sure you're safe, consult a qualified attorney. Or just change the name to something similar sounding and that will convey a similar impression -- like Tranax. Or Zonax. (Those may be names of actual drugs, I don't know.)
 
You cannot use the brand name without permission to use it's trademark or name. However you can use the drugs chemical or generic name if you would like. But, if it is still a patent medication you may still have to get permission to use even it's common name. An example is Clonazepam, a common drug. You can use the term Clonazepam but you cannot use it's trade name Klonopin. Both sound similar but the if you use the former there may be a price to pay.
 
Thanks guys.. just trying to be safe before I have an actor actually SAY a name... I think I can get by just insinuating what she needs it for and him giving them to her... again thanks..
 
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