HI, ok I am planning to make a game in the future. I plan to make a city simulation type game. The problem is I want to know the legal side of this. Like I want to make this city simulation game as real as it can get. This requires like using GM, ford, honda etc... cars.. I want to 3d model their cars and build 3d model buildings like factories and head quarters etc. I want to use their symbols/trademarks in the game. I was told if I don't get permission it would by a copyright infringment. I was told I would need to make a deal with GM and the companies or call them up and ask for permission. But send them a document that would be a agreement that they gave you permission to do such a thing. I want to do this also with burger king and micky D's. I would like to know the legal side of what I would need to do in order to be able to use major corperations/companies logos, and trademarks and symbols/art?? do anyone here knows what legally game developers do for such a project?

Quote: Original post by hockey97
do anyone here knows what legally game developers do for such a project?

They either pay big bucks to the companies (for not only usage, but sometimes exclusive usage, see any major sports games), or the companies pay big bucks to the developers for the advertisements in adding them into the game (reference).

Your best bet is just to change the names to something else, since this is what most independent developers do. Anyone who would be in a position to negotiate such a deal with those large companies would already have lawyers for issues like these and would not need to inquire [wink]

Common examples of things that have been done in the past:
Grand Theft Auto Vice City Car Names
Grand Theft Auto 4 Restaurant Names
Counter Strike Weapon Names (GD Thread related to this question as well where Obscure gives all the options possible)
Additional reading

Good luck with your game [smile]

If you need legal advice, you hire a lawyer. You don't ask hobbyist game developers.

Hoc wrote:
>I want to use their symbols/trademarks in the game. I was told if I don't get permission it would by a copyright infringment.

No. Trademark usage without permission is not copyright infringement. It's trademark infringement. Learn the difference.

>Like I want to make this city simulation game as real as it can get. This requires like using GM, ford, honda etc... cars.

No, it doesn't. Modify your requirements to "as real as it can get without raising prohibitively high licensing costs."

More recommended reading:
http://www.sloperama.com/advice/faq61.htm

As previously pointed out you are looking for permission to use the trademarks of these companies. Cars may have some copyrightable elements in their design, but they need to be separable from the utilitarian function of the vehicle to be protectable. However litigating this point would be expensive which is why many publishers license copyrights in 3d models of real world items or use generic models.

Having done this type of work for my previous employer, I would strongly advise you to consider using generic models or creating your own original designs. The time, expense and tedium of contacting and negotiating with these companies far outweighs the perceived benefit of including them for the purposes of "realism". FYI - Burger King and MacDonald's are competitors who probably would not agree to allow use of their TM's in the same game.

Real life is boring anyway. Just make up your own names as suggested. Instead of McDonalds you have McBurger. Instead of Burger King you have Burger Prince.

Unless of course, these names are already being used.

GM, ford, honda can be JM, Ferd, Hunda or something. =P

Quote: Original post by Konidias
Instead of Burger King you have Burger Prince.

NO! Burger Tsar!

Quote: Original post by Konidias
Real life is boring anyway. Just make up your own names as suggested. Instead of McDonalds you have McBurger. Instead of Burger King you have Burger Prince.

Unless of course, these names are already being used.

GM, ford, honda can be JM, Ferd, Hunda or something. =P

Those can still get you in serious trouble with trademark law.

You may claim parody or fair use or whatever else you want, but only a judge can make that decision --- and the judge won't do that until after a very expensive legal process.

Save yourself from trouble and come up with something completely novel.

Thanks for the advise. Over here lawyers are crooks. I mean they try to find out what's my income and based on that they will either take the case or not. They only look at the case if it's profitable for them.

The reason I want to put real companies in. My game is supposed to be a city simulation.

Something like simcity 4. I was thinking to try and get permission to use companies trade marks.

cause the gamers that like simulation. They want realistic environments.

I can see your points. I would guess this is why simcity 4 dosen't use companies and their trademarks in the game.

yet the gamers were able to build new buildings which most build burger king and many other companies.

I might contact some big companies to just gain experience on how greedy these companies can be.

I mean if I had a huge company and well known I would love give rights to game developers to use my trade marks for free as long they don't charge me.

I look at it is they get free advertising and I get a realistic environment in the game. I would say it's a perfect trade off in my view.

Thanks for the inputs.


If they don't all me I will just make my own designs. Then I will just be upset in a way.

No wonder game makers can't make realistic environments cause companies get greedy.

thanks for the replies.

The problem I mostly face is lack of understanding what I can do and can't.


I am scare if such a situation that I will explain to you. I have a fear of such a thing that will happen to me.

Lets say GM and all them say no to me forcing me to create my own car models and my own stuff.

Lets say I design a 3d car model that I thought of it and it's not used or could be traced to GM, ford etc.

So I made the car and then created the game and I started to sell it and market it etc.

Now the game gets famous and well known. Now a dude I don't know; pops out and says hey that's my car design I made a year before you made the game.

I mean what if the guy really did made such a design that was before me. But I never knew this since he was not popular or famous with the design.

So I thought I was the first to create such a design. Now I am in a court case against this dude and he ends up winning.

the above situation is what I am afraid that will happen to me. Where I work hard and think what I made is my own work. But someone else design it before me and I never knew this.

I am not asking for legal advice just saying that this is my fear.

This is what pulls me back from getting started on making games.

I heard about the GM case suing a chinese car company for using the same car grill design.

yet GM took them to court in china I think not sure if it was china or the U.S.

But in the end GM lost the case because the judge said it has a small difference on the curves. Or something like that.

I am just scared in going to court. I mean even if I do make a game and created my own work. But these GM or big corps get lawyers to figure out a way they can take me to court and make a case out of me.


Someone said to not ask for legal advice from game developers. I am asking here in this thread to get some idea.

I don't expect everyone here to know the laws strictly.


I am currently in college and I am going for a business degree. Hopefully next semester I will be taking a corporate law class and I might ask the professor.

I am just saying that what I said above is why I can't seem to get started because I am thinking to myself what if big corps try creating a case with me.

I am not rich or anything like that. I have friends that been messed up by lawyers.

I notice lawyers their job is to milk you as much as they can. They use delay tactics on your case so you pay him more.

So hiring a lawyer will not solve your problem.

I have a true story what happend to my friends dad.


My friends dad owned his own pharmacy. He was a pharmacist. Well another pharmacy started across the street some arab guy owned it.

Well there was a guy supposedly got hired from that pharmacy across the street. The dude had a fake prescription and had a friend that is a doctor who gave him that prescription.

My friends dad is a nice guy. He trying to contact the doctor which he did. Well the guy insurance company was not picking up.

so my friends dad is a nice guy thought the guy needed the meds so he gave him the meds and will try and contact the insurance company the next day.

Well the guy took those meds and gave it to the pharmacy across the street to their lawyers.

so then they tip off some FDC or something. So my friends dad had to go to court. He hired a lawyer.

this lawyer kept asking for more and more money every session they had in the court.

so after paying 50,000 to the lawyer and the lawyer kept delaying the case. The lawyer said to sign this paper and have a friend or a family member to sign the paper.

He gave it to my dad and my dad looked at it and read the paper it asked that his lawyer will collect assets for the up coming bills.

My dad didn't sign it. So my friends dad was kinda upset. He then had to tell the laywer he can't so he just plead guilty and face 5 years in federal prison and lost his license.

Even though he was innocent. I got to visit him in prison one time it was 3 states away.


So I am saying that the court system how I see it is a game. You need lawyers that will defend you and can play the cards right. Else no matter how innocent you are you will most likely to lose the case.