Short question... Can I use objects that look like the real thing without naming them the real thing and not infringe? Example: If I have a tank in the game that looks just like an AbramsM1A1 but is named Depleted Uranium Main Battle Tank is that enough separation? My basis for asking is that the game "Real War" did this in that they had F16's and B2's and on and on but nothing was named correctly. So my additional question would be, do you think the makers real war still had to pay to use the look of the objects? The game CnC Generals had objects such as the: F22 Raptor named Raptor Stinger missiles F117 Nighthawk named Stealth Fighter and a few others... Do you think they needed permission to use these names and entities? Thank you for your time and response, Chad

It depends on your local law, but probably it's more like infringing copyrights/patents/trademarks of those weapon's manufacturers, so in case of F117 this would be Lockheed Martin, in case of F22 that would be Lockheed and Boeing, for B2 that is Northrop Grumman, F16 is Lockheed again and General Dynamics, etc.


Edit: Though I am not sure how it would be if you just name them like "F22 - [some fantasy name]", and if the resolution is so small that it wouldn't necessarily be design plagiatism, et cetera. Personally, I would write the relevant companies an email.

Quote:

Original post by SteelRain4eva Do you think they needed permission to use these names and entities?

Yes.


The companies that made those games have had their legal teams contact the IP rights holders and work out agreements with them to use the names and the designs and other characteristics of their aircraft.

Similarly, companies have agreements in place with the auto companies to use the vehicles in Nascar and GTA and other vehicles. This applies to military vehicles as well.



In many cases multiple companies and individuals hold IP rights. It isn't as simple as just trademarks and copyrights. There are many topics that you need to know about, including "design rights", "trade dress", "moral rights", "related rights", and more.


The easiest course is to create your own stuff that is in no way similar to the existing products.

The second easiest course is to talk to one or more lawyers familiar with IP law and entertainment law.

Thank you for your answers

I will look into contacting an entertainment lawyer.

Chad