Using a real company name (that's no longer around) in a screenplay

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dalethompson

Well-known member
I was researching a few things for a screenplay I'm currently working on and a somewhat legal issue came up. I wanted to include a real company in the screenplay and, after doing my research, realized it had folded/gone out of business back in the 1950's (my screenplay is a period piece of course). I looked for any trademark or copyrights for this company but couldn't find a thing existing today. Even the last owner of the company passed away a few years ago too, so there's really nothing left of this company except for the name. No products still around, no brand names, no signs, nothing.

My question is: Would I be able to use this name of the company in my screenplay without paying any royalties or money to them for compensation?

The use of the company is for good reasons too (meaning, it's not libel, slander, nothing remotely putting them in a bad light, in fact, the exact opposite) and I don't intend on making light of them or even anything to suggest they were nothing but a reputable, solid group when they were still around.

TIA,
Dale
 
The danger is that someone or some entity may in fact own that name but is not using it right now. They could choose to come after you. Additionally, if you ever try to sell this piece you will need to provide proof (or at least sign off saying that you accept liability) that you have permission to use the name. That's only if you make the movie yourself. If it's just a screenplay then you can do whatever you want -- it's up to the producers of the actual movie to deal with it.

The Yashika camera company has been defunct for years now, but I know the owners of the corporate assets and they may choose to ressurect it someday.

Die Hard With A Vengeance famously "blew up" Bonwitt Teller in the opening of the movie. That department store had ceased to exist years earlier, but I know for a fact that they still got permission from the corporate owner of the name.
 
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Laws are different all around the world. And to answer your question, it would be best if you try to reconnect with the said company and ask them if it's alright to use their brand name, as it may make things complicated when legal issues surround your movie.
 
We have a business register in Aus. where you can determine if the Co. name is still registered, whether it be operating or owned. Do you have that in the US?
 
Noel Evans said:
We have a business register in Aus. where you can determine if the Co. name is still registered, whether it be operating or owned. Do you have that in the US?
Click to expand...

In the US each state has it's own 'company/corporate' name registry, and further, each county may have a business name, 'doing business as', registry. Further, the US has a Trademark registry, and the states may have an independent registry.

As far as I know, there is no 'global' registry for the US.

In the case of a seemingly 'defunct' business, if it was a corporation, if it had trademarks, etc. one would have to find out if some of that 'property' was sold, and sitting in some company's inventory of 'intellectual' property... or some patent/trademark troll's attorney's office...

An 'interesting'... ok for me... is the name Smith Corona... the original company name was L. C. Smith, named after the founder. At one time the company made shotguns, and the name L. C. Smith referring to shotguns was used off and on by companies made the gun until the 1980's...

Smith Corona itself no longer makes typewriters, but produces industrial labeling materials...
 
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Great replies for sure, thanks to everyone for your input.

In the case of this company, it was sold in the 1950's to someone else, where it changed their name and then went defunct after that. As far as registered trademarks, I didn't find a thing at all and the last connection to the ownership (under the name I wanted to use) died in 2009, by then he'd already sold the company some 50+ years earlier, so there's nothing left at all really.

I will say, without giving away anything about this company (because my screenplay is still in the works), there's nothing around anymore for patents, trademarks or products. In the case of Smith Corona, the patents still exist and are worth $$$, same with other companies which aren't around but still have some sort of trademarks left.

I live in Canada, so the laws are slightly different I think than the U.S. For instance, there was a soda company from the 1970's/early 1980's which folded after a semi-successful run. Someone bought the name of the company for $1 and started the company back up again.

I'm going to try to search the trademark registry again more, I didn't find anything the first time but maybe a more detailed search might turn up something this time.

Thanks for everyone's help,
Dale
 
Another option is to make up a name that sounds similar enough to the real one to sell it without being that name. Or even better make up your own brand that just sounds like it's from that era.
 
Another question is the context of using the name?

Are you simply mentioning it or is it part of the storyline?

"Ted, you used to work for IBM right?" "Yep, now I run my own computer repair shop"

Something of that nature I wouldn't worry about, especially when writing a script.

If you are trying to set the action or important events related to a company. Like, the IBM CEO is really an ISIS spy and he's stockpiling dirty bombs in the server room of the corporate headquarters.

That becomes problematic. In a case like that, you're best to change the name of a company.

Again, without knowing precisely the nature of the use, it's hard to advise. For the most part, a screenplay can have whatever you want in it. The Production of the film is where the rights questions become really relevant.

-M
 
What Martin said.

Plus: if something like this in your script is integral to the story itself, it may never get to production (because these things will need to be changed, but if they are integral to the story maybe they can't be changed). So as counterintuitive as this may be: use it if it doesn't matter, don't use it if it does. If they can't do an easy substitution, don't use it.

And just as a brand name side story: Pan Am Airlines ceased to exist... but the Pan Am name was still trademarked and went up for sale. A movie company bought it, and for a while there was Pan Am Pictures. Then they went out of business. But someone somewhere still owns Pan Am.

Bill
 
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