Use of Abbrev. in Novels (potential stupid question)

[dgackst]

Hello.

Be forewarned. This is a potential stupid question, but I have no idea the answer to it so I decided I'd ask. That question is: Is there a rule (is it unlawful) to use commonly-known and trademarked abbreviations in novels but under a different name?

For example, say there is an organization in a novel that is called the Night Brothers Agency but it is referred to as the NBA by most in the book. Would it be against trademark law to use the three-letter abbreviation in the book?

Also, would it be unlawful to use that abbreviation in a book title? For example, the number two book in the series is called Lost Hope: The NBA's Last Stand.

These are all hypothetical questions. I do not have a book containing the Night Brothers Agency nor a number two novel titled Lost Hope: The NBA's Last Stand. I am simply curious.

 

[JunkMonkey]

There is no such thing as a stupid question. If you need to know. Ask.

I don't know the answer for sure but I would imagine that unless you were writing something that made fun of the real NBA ( who are...? the National Baseball/Basketball Association? I have no idea) or wrote an organization that had uncanny resemblance to the original then I don't see anyone getting upset. (If, indeed, they even noticed.) Using it in the title I would imagine might be a little more problematic. People seeing it in a title without any context might assume the book is about the 'real' NBA and get upset. I would change the title to avoid using the initialism but use it in the book where it would be obvious you're writing fiction.

 

[tinkerdan]

I think in this case that you would be justified; however...
Think about that one confused reader who was certain he'd picked up a piece of fiction about basketball.

 

[dgackst]

There is no such thing as a stupid question. If you need to know. Ask.

I don't know the answer for sure but I would imagine that unless you were writing something that made fun of the real NBA ( who are...? the National Baseball/Basketball Association? I have no idea) or wrote an organization that had uncanny resemblance to the original then I don't see anyone getting upset. (If, indeed, they even noticed.) Using it in the title I would imagine might be a little more problematic. People seeing it in a title without any context might assume the book is about the 'real' NBA and get upset. I would change the title to avoid using the initialism but use it in the book where it would be obvious you're writing fiction.

Thank you @JunkMonkey and @tinkerdan for your answers! I can definitely see how using the abbreviation in the title would be like baiting readers, and I am sure that could seriously backfire.

I could see it working inside the book without people questioning the legality of it (if using abbreviations without the logo or similar-type things is in the gray area of legality). But the more I think about it the more difficult it seems to me for the author to disassociate the reader from the real-world NBA. That would be a huge hurdle for me to get over as a reader if each sentence I see NBA I immediately think of the National Basketball Association. Maybe that's why I can't think of an example off the top of my head of something like that being in a book.

 

[The Judge]

I can't speak to the US position with any authority, but I'd be surprised if its greatly different from the law in England and Wales which is that even if the acronym is trademarked (which NBA is in the UK, though it's not clear to me -- I wasn't an IP specialist -- if it's only in connection with its logo, not as a freestanding word) it will be for specific classes of goods and services and infringement only occurs when the trademark is used by the non-holder within those classes.

As it is, there are about 50 uses of the acronym NBA around the world (including both the Nevada Bar Association and the Nevada Brothel Association!) all of which will be regularly used by the organisations concerned without any worry of trademark infringement because they're not hawking their wares in the same classes of services etc.

So if you want to use the acronym for your invented organisation within a novel that would be fine, though preferably not within the same area of commerce as is trademarked to avoid complications (ie in this case not a national basketball association) and not liable to be mistaken for or bring disrepute on any organisations using the acronym. However, if subsequently your books took off and you decided to branch out with eg toys and sports equipment plastered with your NBA then you might run into difficulties if it seemed that you were trading on the original NBA's trademark, even if your logo were different.

I'd agree though that it's best to keep the NBA out of the title, because even if you weren't attempting to pass it off as relating to the real NBA, doubtless there would be some readers who would be confused which would only create ill-will, but I'd also be wary of using a well-known acronym within the novel unless done for comedic reasons, since as you say it could be difficult for the reader to dissociate it from the real organisation.

 

[Wayne Mack]

Rather than relying on the law, if there is a potential for confusion, why not just choose a different name? For the example, why not use 'Night Brothers, Inc.' for NBI, 'Night Family Agency' for NFA, or 'The Brothers of Night Agency' for BoN? Or one could use Knight or Gnight. There are lots of names out there, why pick something that would cause any potential conflict with a well-known brand or name?

 

[dgackst]

I can't speak to the US position with any authority, but I'd be surprised if its greatly different from the law in England and Wales which is that even if the acronym is trademarked (which NBA is in the UK, though it's not clear to me -- I wasn't an IP specialist -- if it's only in connection with its logo, not as a freestanding word) it will be for specific classes of goods and services and infringement only occurs when the trademark is used by the non-holder within those classes.

As it is, there are about 50 uses of the acronym NBA around the world (including both the Nevada Bar Association and the Nevada Brothel Association!) all of which will be regularly used by the organisations concerned without any worry of trademark infringement because they're not hawking their wares in the same classes of services etc.

So if you want to use the acronym for your invented organisation within a novel that would be fine, though preferably not within the same area of commerce as is trademarked to avoid complications (ie in this case not a national basketball association) and not liable to be mistaken for or bring disrepute on any organisations using the acronym. However, if subsequently your books took off and you decided to branch out with eg toys and sports equipment plastered with your NBA then you might run into difficulties if it seemed that you were trading on the original NBA's trademark, even if your logo were different.

I'd agree though that it's best to keep the NBA out of the title, because even if you weren't attempting to pass it off as relating to the real NBA, doubtless there would be some readers who would be confused which would only create ill-will, but I'd also be wary of using a well-known acronym within the novel unless done for comedic reasons, since as you say it could be difficult for the reader to dissociate it from the real organisation.

I appreciate your insight. I can see how selling wares would get tricky with the same abbreviation. That is good to know on the free usage of the acronym though, and other acronyms like it, without issue.
I also never would've guessed that the Nevada Brothel Association was a thing. But I suppose that's where Las Vegas is...

Thank you for looking into my question!

 

[dgackst]

Rather than relying on the law, if there is a potential for confusion, why not just choose a different name? For the example, why not use 'Night Brothers, Inc.' for NBI, 'Night Family Agency' for NFA, or 'The Brothers of Night Agency' for BoN? Or one could use Knight or Gnight. There are lots of names out there, why pick something that would cause any potential conflict with a well-known brand or name?

That is a good point. If I did have an organization along like that in a book I would lean towards your idea and stay away from the recognizable acronym, especially one so commonly known as a sports league.

 

[Pyan]

I also never would've guessed that the Nevada Brothel Association was a thing. But I suppose that's where Las Vegas is...

Brothels are legal in Nevada, but not in Las Vegas...

Prostitution is only legal in Nevada on a county by county basis, if the county population does not exceed 700,000, and only in licensed brothels.

The population of Clark County, home to Las Vegas, is 2,772,000, so no brothels.

Please don't ask how I know this...

 

[Ursa major]

Brothels are legal in Nevada, but not in Las Vegas...

Prostitution is only legal in Nevada on a county by county basis, if the county population does not exceed 700,000, and only in licensed brothels.

The population of Clark County, home to Las Vegas, is 2,772,000, so no brothels.

I can't believe the Nevada Brothel Association** is taking this example of discrimination lying down.


** Surely they'd benefit from all the new members they'd get if brothels became legal in Clark County.

 

[Toby Frost]

Nevada Bar Association and the Nevada Brothel Association

Presumably there's some kind of joint promotional opportunity here? "Come for the litigation, stay for the soliciting"?

 

[Ursa major]

While back in the UK, our legal system already encompasses both barristers (i.e. advocates) and... er... solicitors....

 

[Gonk the Insane]

and... er... solicitors....

Not to be confused with solicitation, which is an entirely different thing.

(nicely set up, @Ursa major )

 

[Aknot]

I would consider the effect of the acronym on the suspense of belief. Does the most common reference to the acronym clash with the intended mood and the setting? If yes, I would say find another acronym. If no, go with it. Legally though… not a clue.