Dear Rich: Nolo’s Patent, Copyright & Trademark Blog

Trademark law and fair use. You can use a trademark (including slogans) for editorial or informational purposes without permission. That's because readers who stumble on a trademark within the text of a novel aren't likely to be confused into thinking that Hebrew National or Apple are sponsors of the book. There is a concept known as 'trademark fair use' that is distinguishable from the fair use defense applied in copyright law -- it's used as a defense to a claim of trademark infringement. In other words, it's sometimes asserted when a competitor uses another company's trademark to describe the goods (for example, the maker of an electric dishwasher may describe the "joy" of clean dishes without infringing the trademark JOY for dishwashing liquid). Some noncommercial uses of trademarked terms (such as described in your letter) -- though not technically trademark fair use -- are often lumped in the same category.