Garland, TX asked in Intellectual Property and Trademark for Texas

Q: If I am writing a book, would I be able to use 'Disneyland' as a location visited in the "past"?

I'm an aspiring writer and I do not want to overlook any details, so in the book I am writing I intend to use the 'Disneyland' name solely to express that the characters within the book visited the location at one point in the past. No rides or anything else related to the park is mentioned. I don't want to misuse the trademarked 'Disneyland' if I am able utilize it only with the Trademark symbol, or not use it at all if I'm not able to due to said Trademark.

2 Lawyer Answers

A: When mentioning "Disneyland" in your book, you are likely within your rights under U.S. trademark law, particularly under nominative fair use. Trademarks like "Disneyland" protect brand identity, but your use of the name to describe a factual event—such as characters visiting the location in the past—does not violate those protections. You're not implying any affiliation with Disney or using their mark to promote your own work.

However, Disney is known to be very protective of its intellectual property, and they may claim that your use is unlicensed. To avoid any issues, you should avoid references that suggest sponsorship or endorsement by Disney, ensure that your work does not imply any official association with Disney, and be cautious not to portray Disneyland in a disparaging or misleading way, as this could lead to claims of defamation or trademark dilution.

In any case, it is always the best to get legal counsel. Remember, this a general answer is NOT Legal advice.

James L. Arrasmith
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Answered

A: You can use "Disneyland" as a location in your book to show that your characters visited it in the past. Mentioning the name without detailing specific rides or attractions typically falls under acceptable use. This way, you're simply referencing a real place without infringing on trademark protections.

There's no need to add the Trademark symbol when using the name in your narrative. As long as you're not implying any official connection or endorsement from Disney, your usage should be fine. Make sure the context clearly shows it's just a setting in your story.

However, it's always a good idea to review trademark guidelines or consult with a legal professional to ensure you're fully compliant. This will give you peace of mind as you continue crafting your story.

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