Screenwriting : To be safe, we should never use real world brand names in our scripts? by Alden Tan

There is a tipping point. You'll have to pay to use someone's brand until your reach the point when your market is bigger than their's and they'll pay you. A problem we will never have I am afraid.

I'd be interested to see if something like Facebook is so universal that it can be mentioned without payment. Like Aspirin, the brand belong to Bayer, but the word is virtually public domain. One day a court will decide this.

Craig is right. I usually avoid using too many product names but nobody is going to sue you for sticking a product name in a screenplay. If the script goes into development it is the producer who is responsible for getting clearance not the screenwriter. It will be their butt that will get sued not the screenwriter.

Dan G is correct. Don't worry, do your job and write. There's always a lawyer waiting, errors & omissions procedures, tons of legal stuff that screws and protects a Writer. Usually people sue the movie production, not the Writer because Writers don't have ownership

Absolutely, YES, you can use trademarked brand names in writing. Of course! The question really is how to use them. It is perfectly fine to say something in a script, like: The Goodyear Blimp flew overhead. Or: He drives an old, clapped-out, flat-bed Ford. Or have characters discuss where to meet: "Hey, let's meet up at McDonald's." Or whatever. If you are writing about a homicide and detectives are discussing evidence, like tire tracks, they will mention various brand names of tires, etc. It is perfectly fine to refer to brand names, things around us, things or places that we use or see or visit in a factual way people would normally say or experience in everyday life. What you really should avoid is using trademarked brand names or company names in place of a generic item/reference/action. That's not appreciated by companies. For example: Babies wear diapers not Pampers. A person crying grabs a tissue not a Kleenex. A person cleaning a bathroom uses bleach not Clorox. You photo copy something not Xerox it. Now where you must tread more carefully is if you are making a company or a product look bad, or creating a false notion or narrative that could cause the company or brand potential damage. So if you are putting a company/brand in a negative light, then it is best to use a fictitious name. Of course you can always ask a lawyer for guidance. ;)

Also, consider this: Using real world brand names adds a sense of authenticity and realism to your story. I mean, how many action scripts refer to specific weapons or guns—most of 'em, right? In JUSTIFIED: "Raylan goes for his Beretta, fast." Or "The guy in the Stetson. Watching Tommy Bucks and the others in the mirror. This is Raylan Givens, 40s." This stuff is great to read! Paints a vivid image in the mind of your reader. As others have already pointed out, there's a big difference between mentioning a trademarked brand on the page, and getting approval to show a logo or a product on screen. Your concern should be writing a great story. Sure, it's always a good thing to know how to handle brand names in writing, be smart and thoughtful about it, thinking ahead. But if your script indeed goes further—say into development—then others will handle getting those usage approvals, and/or make adjustments should they be needed. ;)

Beth. You are right and there are companies that do that sort of thing. If a producer doesn't get clearance they probably won't get insurance of distribution.

There are literally firms and individuals that handle that very thing: Product placement in film (TV/movies, et. al.). They look for lines in your script like, "He grabs a tissue" specifically to turn that into, "He grabs a Kleenex." All they do - day in and day out - is read scripts going into production, highlight lines like that, contact companies making/selling products like those, then try to sell them product placement. I think Beth's advice is good.

To add to what Beth posted, look at IDIOCRACY. There's a few company mentions in there along with fictitious ones like Brawndo.