Question about using not so much about trademark, but using product likeness

Discussion in 'Indie Basics' started by SilentJon, Oct 15, 2016.

  1. SilentJon

    SilentJon New Member

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    So when you use real life products names' (such as certain guns and literally calling them by their appropriate names: Colt Anaconda, AK-47, etc) in your game I know you are opening the door to possible lawsuit...

    Now my question is specifically about likenesses. It seems to me that the main issue with the gun thing is not the model looking exactly like the gun but the use of the trademarked name making it a firm trademarked product. So is that to say that using the visual likeness of a product is okay - just don't use the name?

    Basically what I want to do is use a model of an NES. It won't have any trademarked logos, etc. but right now I have it modeled almost exactly (and I would like to keep it that way).

    So is that okay or nope?

    Also, it actually is a "period piece" ...meant to literally represent a time in our history, so the NES is a culturally iconic symbol by nature of its aesthetic design. In this case I tend to think that it falls under fair use (but of course I still wouldn't call it an NES bc Nintendo can get feisty about what they own...). I also realize that this is more of a defense than it is a determination that no lawsuit would ever be filed against me. Still... I felt it needed to be mentioned just in case. I have seen A LOT of PS4 and Xbox 360's in indie games so does that mean it's fine generally?

    Well, there is my question and there are my thoughts. What do you guys think?

    Oh, and hi everybody! You'll be seeing a lot of me :)

    EDIT: Wow that thread title was atrocious.
     

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