Nyquil Driving Time

John Flansburgh on why the They Might Be Giants track AKA Driver isn’t called Nyquil Driver, which are the actual lyrics:

It was an brief education for us in the difference between protected speech and trademark infringement. Although it was a possibility that we could have gotten away with it, or settled with the Nyquil manufacturers for a small amount of money, the path of least hassle was simply omitting the name from the package. According to our lawyer you can say pretty much anything in a song about a product, and that expression is a protected part of every American’s freedom of speech. However when you title a song after a trademarked product and then start selling your recording (which is also a product) you run the risk of the trademark holder suing you for infringing on their trademark. To make matters tougher on ol’ Nyquil Driver, trademark holders are compelled by the law to protect their trademark or they run the risk of their product name falling into the public domain.