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Ask HN : legal use of trademark names

2 points by innocentpixel 12 years ago · 3 comments · 1 min read


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)

  • innocentpixelOP 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."

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