Q: Does it infringe copyright to refer to a particular brand of pen (uni-ball) in a fiction novel?
The character is an author who refers twice to her love of uni-ball rollerpens.
Although I am living in Australia, my client lives in the U.S.
A: Regarding copyright, probably not, no. Mere passing reference to a product in a fiction novel probably does not implicate any copyright issues. But based on the information you provided, it may raise trademark concerns, depending on how prominent the brand is in the written work. Without knowing more about how extensive the reference is to the brand within the text, reference to the bran din the title or depiction of the brand within artwork, and other facts relating to possible disparagement of the brand, it is difficult to provide a more specific answer.
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