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themima

Original Weapon Names ?

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I wish to put many weapons in my game. I saw many games, from EA and RockStar games to flash games all over the internet, witch contain weapon aswell as their original names : "Avtomat Kalashnikov AK-47" (A must have ;)) , "M4" etc. Now did those developers spit out money to the weapon factories ? I doubt thats the case with flash games. (well they arent copyright protected anyway :P) Now i know that "Consult A Lawyer" is common answer here, please dont post such. Im a $0 dev :))) and all i want to know is what i CAN and what i CAN'T put in my game. Weapon design, weapon name, model etc. p.s. since i also wanted to add UN soldiers (United Nations - those blue helmets haha) if i switched the name of the org. with Allied Nations and leave the soldiers with blue helmets and similliar but not same logo there wouldn't be any trouble would it ? Thanks in advance and forgive me if i havent read the whole forum and internet before i posted this. Search didnt lead me to any usefull results. I will post any further questions i may have in this thread. Cheers !

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Now did those developers spit out money to the weapon factories ?

Almost certainly.

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I doubt thats the case with flash games. (well they arent copyright protected anyway :P)

Flash games are protected by copyright like any other. They are probably not using those names legally.

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Now i know that "Consult A Lawyer" is common answer here, please dont post such. Im a $0 dev :)))

This is not a very good attitude. This is akin to asking, "What is 1 + 1? And don't tell me 2."

Since you don't want to hear the correct answer, the best answer I can reasonably give you is that you should stay as far away from anything that resembles "real" stuff as much as possible. That way you don't run the risk of infringing IP. That means you can't use real weapon names, shouldn't use things resembling real organizations, et cetera. Stay far away.

Frankly, if you're a "$0" developer that's even more reason to scrounge up the money and get a lawyer if you want to toe the line of the law like this. You can afford a lawyer more than you can afford to get your pants sued off.

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Original post by themima
Now i know that "Consult A Lawyer" is common answer here, please dont post such. Im a $0 dev :))) and all i want to know is what i CAN and what i CAN'T put in my game. Weapon design, weapon name, model etc.
Easy answer, you CAN put everything you want into your game. Chances are nobody will notice (or care) anyway.
However, doing so CAN turn a $0 dev into a very unhappy $-500,000 dev, because the owners of the respective trade marks CAN make you quite unhappy if they choose to. And usually they will choose to make you unhappy as soon as you look like you might have some money.

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I haven't delved to deeply into it but I think weapon names are OK. They are covered by trademark not copyright. As long as you don't cause confusion in the market place(which would be a violation of trademark), or give them reason to sue for defamation, or any reason other than copyright. Clothing designs can be copyrighted. I won't go further than that because I don't know anything about weather or not the UN has or protects copyright on their uniforms.

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Ok well looks like i will Have to consult a lawyer soon or later ... tried to avoid that .. anyway thanks for quick answer. If anyone has anything more to tell please do so. Well as i get it theres no other way than add weapons the way they were added in CS 1.6 - renaming them completely or partialy and changing their looks for only a bit. Same for the organisations .. Allied Nations is ok ? Gotta google for it to check if something with same name doesnt exist already lol. Thanks anyway.

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Ok well looks like i will Have to consult a lawyer soon or later ... tried to avoid that .. anyway thanks for quick answer. If anyone has anything more to tell please do so. Well as i get it theres no other way than add weapons the way they were added in CS 1.6 - renaming them completely or partialy and changing their looks for only a bit. Same for the organisations .. Allied Nations is ok ? Gotta google for it to check if something with same name doesnt exist already lol. Thanks anyway.

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Original post by themima
all i want to know is what i CAN and what i CAN'T put in my game. Weapon design, weapon name, model etc.
Only a judge can declare the final answer, and then only after a lawsuit.


The names and designations of weapons are trademarks, registered or not. Do not use them without permission. Do not use similar names or designations unless you have discussed with your attorney.

The various logos are covered under trademark and probably trade dress laws. Do not use them. Do not use similar marks. Don't even copy the style without an attorney's guidance.

The distinctive physical appearance of the weapons are covered under trademark, trade dress, copyright, and more. Do not use them without permission.

The distinctive clothing patterns of uniforms, such as the blue helmet with a certain style of logo, are covered under both IP laws and also international military agreements. Do not make anything remotely similar in appearance until you understand the legal risks.

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i switched the name of the org. with Allied Nations and leave the soldiers with blue helmets and similliar but not same logo there wouldn't be any trouble would it ?
Yes, it can lead to trouble.

If the IP owners see your use and feel it is close enough, they can sue. In fact, they are required to defend their marks against similar-but-not-identical use in order to keep ownership.

It doesn't have to actually infringe. It just has to be somewhat similar and attract their attention. Then you are suddenly faced with a C&D order and potentially a lawsuit.

Since you cannot afford a lawyer, you DEFINITELY cannot afford a lawsuit. That means that "similar but different" is not an option.

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