Can I use the name Aston Martin in the title of my fiction book. It is not about Aston Martin but does feature a car.

Question

I have a fiction book series and the first book is called Peas, Carrots and an Aston Martin. It is not about the company, it just happens to feature an 1960s Aston Martin, like the Bond one. There is no images of the car used and I do not use the Aston Martin typeface. The car is mention only in fond terms and there are no scenes that depict the car in a negative light. Can the words Aston Martin feature on the cover?

Barbara Berschler · Answer

That is an interesting question.  It sounds like your intended use could fall within the nominative fair use doctrine in trademark law.  That means you are using the words Aston Martin to refer to the specific car which appears in your story.  However, the trademark fair use doctrine applies to a defense which can be raised in the face of a trademark owner claiming trademark infringement. 
 
You might check the website of the company that owns the Aston Martin mark for their Terms of Use.  Often the TOU will speak to the types of uses of a claimed mark which would be authorized by the company. 
 
It might be wise to consult with trademark counsel about your intentions.  There could be differences between US and British trademark laws of which you should be aware.

Bill Hulsey · Answer

You cannot use another's trademark if your use is dilutive of a strong trademark. If the use of the mark weakens the recognition of the mark's use in association with the owner's distinctive rights.  
 
This a book entitled "The Lexus and The Olive Tree" by well-known author Tom Friedman: https://www.amazon.com/Lexus-Olive-Tree-Understanding-Globalization/dp/0374185522 
 
I am not aware of any claim that Toyota ever made to this use. You might check it out.

Q: Can I use the name Aston Martin in the title of my fiction book. It is not about Aston Martin but does feature a car.