Using real company names in a non-fiction book

by Marlon Viloria
26th January 2018

Hi all,

Maybe it had already been asked and discussed here, so apologies for the repetition.

I have been searching for any legal information pertaining to using real names of companies I've worked in the past, i.e. if it is legal or not. I've read some input from American websites that it is best to use fake names (persons or companies) to avoid any type of litigation whatsoever. Is this the preferred route/advice in the UK too?

Some of these companies are now defunct, or bought by other companies where their original names are no longer used. I've changed people's names although there was nothing deemed unfavourable or incriminating. I guess I just want the book to be as open, honest and real as possible, for which I could also be proud to share to anyone mentioned in it.

Your thoughts and advice would be appreciated.

Best regards,

Marlon

Replies

Hi Jonathan,

This is also how my original thinking was verging on, re: newspapers. Or those business pundits who make speculative comments on the media which could effect/affect the value of the company's share prices.

I am inclined to publish it as it is. But on the contrary, I also can't afford any legal battle should it go that way, let alone the hassles and time.

It's a catch 22 for me, hence I need a definitive legal statement that I must adhere to.

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Marlon
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Marlon Viloria
29/01/2018

There's a defence in libel/slander actions of 'fair comment', ie the incident described is factual, preferably documented. If company/organisation names were copyright (and there's no copyright in title, in theory at least) few present day biographies - at least those I've read, would be publishable because they're often littered with these or trade names. And how on earth would newspapers manage?

One might think most organisations would be pleased with the free publicity unless they're being destructively criticised. If they're not I don't think I'd be too concerned. You get a similar thing using real individuals from the past who might still have living relatives. In this case it's a generally accepted rule that treating them as history has won't encourage family lawyers to seek you out.

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Jonathan
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28/01/2018

Thanks for your thoughts Revathi, much appreciated.

I guess I just have to re-engineer those parts. My book's intended title is Diary of a Hesitant Freelancer, although it is not finalised yet.

To the best of my knowledge, all events stated were the truth and I kind of believe that no infringement is committed. However, I am also not 100% sure.

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27/01/2018