Copyrights, patents and trademarks are a very complex area and there are lots of ways in which you can and can't use them. Focusing on the original poster he wants to use someone else's copyright in his game - he could have any old generic item but he wants a known brand - most likely because it make the game seem more "real". That realism is a benefit gained from using someone else's IP and it is benefiting from or using without permission that the law frowns upon. It doesn't matter if the benefit is financial or not. - There are also lots of other problem areas.

However none of the legal stuff really matters - cash is what matters. If the owner of an IP writes you a legal letter telling you to stop you need an experienced IP lawyer to respond - a short exchange of letters will cost in the region of $5,000. If you try and argue and the matter becomes complex double that amount. If it goes to court its tens if not hundreds of thousands of dollars. If you don't have the cash to fight an expansive IP law suit then it is best to just stay away.

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Original post by Raduprv Quote: Original post by ZeroEffect WRT the Lindows issue, Lindows was making money off the Microsoft Windows name. Microsoft was protecting their name from a (possibly) inferior product that could damage their reputation (if that is still possible :)) It's funny that the Lindows example was mentioned, since, AFAIK, the Lindows guys won the trial.

Microsoft got an appeal, and Lindows lost.

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Original post by Roboguy Quote: Original post by Raduprv Quote: Original post by ZeroEffect WRT the Lindows issue, Lindows was making money off the Microsoft Windows name. Microsoft was protecting their name from a (possibly) inferior product that could damage their reputation (if that is still possible :)) It's funny that the Lindows example was mentioned, since, AFAIK, the Lindows guys won the trial. Microsoft got an appeal, and Lindows lost.

Lindows lost in Europe, but MS was losing in the U.S., so in July they settled:

Microsoft will pay upstart Linux seller Lindows $20 million to settle a long-running trademark dispute, according to a regulatory document filed Monday.

In exchange for the payment, Lindows--which recently renamed most of its products "Linspire" to work around European trademark suits--will give up the Lindows name and assign related Web domains to Microsoft, according to the registration statement Lindows filed with the Securities and Exchange Commission.

A complete story is here.

BTW, does Microsfot have "Windows" registered? I thought they registered MS Windows, not "Windows". Can you register common substantives?

1) no, they registered Windows

2) no, that's why Microsoft sued Lindows

Hmm, maybe I should register the terms "Menu" and "Pointer".