What's the rule on mentioning businesses in fiction?

[gilesth]

I'm writing an Urban Fantasy that takes place in Denver, and I want to mention a local mall. The descriptions of the mall itself will remain neutral, so I'm not in danger of libel, but am I in danger of trademark infringement of I mention the mall by name? And does the same standard apply to state colleges?

[polymath]

A shopping mall is a public entity, a nonperson entity. The very purpose of a shopping mall is commercial activity; therefore, public. A state university or college is even more of a public entity. They're supported by taxpayer money.

One area for consideration is whether depicting a place might interfere with the conduct of its business. That's one of the underlying purposes of a trademark, preventing interference with a company's trade reputation. If a narrative does interfere, legal action could be brought. The adage any publicity is good publicity is a good guide for considering where interference might arise, though.

[gilesth]

Cool. That's pretty much what I thought, but I figured I'd ask someone else who might know more than I do :)

[Nathan Bransford]

Be careful with this! Remember this cautionary tale: viewtopic.php?f=5&t=1068&start=0

[polymath]

Be careful with this! Remember this cautionary tale: viewtopic.php?f=5&t=1068&start=0

Absolutely. Casual advice is never a substitute for due dilligence. Another of the many chores copyeditors do is flagging potentially infringing content--trademark, copyrights, libel, slander--for review by a publisher's legal department. Ultimately, a writer bears full responsibilty for due dilligence and fallout from any less than good faith efforts. One small comfort is publishers have deeper pockets than most writers and have vested interests to protect. They'll balk more readily than a writer might.