Ask HN : legal use of trademark names

2 points by innocentpixel 12 years ago | 3 comments

I am making a game. And in the game you can get different rewards for being a "gangster", like cars, watches etc. Is it legal (not infringing) to name the cars by name for example BMW, Bugatti, Ferrari etc. or not?

blackdogie 12 years ago |

Assuming you are in the US, or US law applies, but I'm not a trademark lawyer, but I would suggest you look at what other companies have done, i.e. Rocktstar for GTA. Here they used similar car designs, and gave them similar names, but not the same http://www.gta4.net/vehicles/ In the long run this will save you having to prove that you are using them under the fair use guidelines http://en.wikipedia.org/wiki/Fair_use_(U.S._trademark_law)

innocentpixel 12 years ago | |

Thanks. I am not in the US no. I will look at other uses.

I have read this article and as far as i can see my game using the real names wouldn't fall under any of the "bad" usage trademark infringement," "trademark dilution," "trademark tarnishment,"and "defamation.". But I would still want a second opinion even before taking it up with a trademark lawyer :)

ScottWhigham 12 years ago |

I think this is one of those questions best answered with the old saw, "If you have to ask the question, you know the answer."