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AK47, USP, M4A1 etc... can I put these names in my game?

Started by December 13, 2008 09:47 PM
4 comments, last by Obscure 15 years, 11 months ago
I'm putting familiar weapons into my game. Do I have to ask for permission to use the proper names? People will be able to play my game for free.. but they'll be able to register for $15 or so to unlock a few extra features. What's the dealio? How does counter strike do it? Or a smaller game.. Soldat? Thx, Ben.
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This really depends. Some companies have trademarks on their brand names and others don't.

AR15 may or may not still be an Armalite trademark. You could go with AR or AA15 or something.

AK47 is probably okay.

HK almost surely won't like someone using USP in a game without their permission.
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If you use a name that is a registered trademark then a company can come after you for trademark infringement. That means your options are....
1. Ignore the law and go ahead anyway. (Not something I would recommend)
2. Spend a bit (lot) of time researching each gun you want to use to find out if the name is a registered trademark and only use the ones that aren't or use nicknames if they have them (provided that those too haven't been registered by the makers).
3. Contact the companies and try to negotiate a license - this will take time and cost money. Some might allow you to use their brand for free, others will expect payment. Either way your legal fees alone will likely top $100k.
4. Create your own weapons with their own unique names.

Quote: Original post by bencelot
....How does counter strike do it?


Counter-Strike got away with it by adopting option 1 until Valve bought the project, at which point they changed the names or negotiated licenses.
Dan Marchant - Business Development Consultant
www.obscure.co.uk
I don't know how Urban Terror does it. UT is a free standalone Quake III mod, and they use real weapon names, including the brand's name (e.g. 'Heckler & Koch G36').
Quote: Original post by bencelot
I'm putting familiar weapons into my game. Do I have to ask for permission to use the proper names?

Short answer:
You must ask permission.



Long answer:
Talk to a lawyer. This area of IP law is very complex.

The rights to the names and designations are held by various companies and governments. You do not want to infringe on those rights. They may not do anything, but they may also decide to enforce their rights in court. If they take you to court, you will not be able to survive the very expensive costs associated with it, even if you are legally correct in your usage.

I know from experience that rights to fighter jets names and military designations are licensed to game studios. I would assume that land vehicles, weapons, and artillery are similarly protected.
Quote: Original post by beun
I don't know how Urban Terror does it. UT is a free standalone Quake III mod, and they use real weapon names, including the brand's name (e.g. 'Heckler & Koch G36').

I already explained how they did it in my post above. Most likely they used option 1 but it could have been one of the others.
Dan Marchant - Business Development Consultant
www.obscure.co.uk

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