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Weapon Licensing issue?

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    #46
    Well, I'm yet to hear any follow up from them, so I'll just let them stew. If they want to try and sue me, they're more than welcome to try.

    If you haven't had any response from any of the American/English speaking ones by the weekend, i'll send an e-mail asking as well, and/or ask one of my team mates to pay a visit to the Accuracy International HQ, as he lives nearby apparantly.

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      #47
      unfortunately in the business world, its a nasty place to be - everyone is trying to get money out of your hard work and efforts.

      if you create models / textures / animations based on a real weapon, you cant use their names or logos.

      for example if you made a character and added a nike tick on a tshirt, nike could sue you because they own the trademark on the tick and the word nike.

      however a tshirt without the tick is just a tshirt.

      the same principle applies to any object.

      you can model a weapon and texture it, but you cant use its trademark logos or words.

      Since a model/game asset is a non tangible asset (it doesnt exist in real life) theres not much any company can do about sueing you for making it. its mostly scaremongering if it goes past the trademark logos/words.

      check with a lawyer though.

      ultimately a small change on a tshirt makes it a long sleved shirt, or a crop top. so if you have to be 100% safe with your model, you need to make changes that identify your model is not the same as theirs.

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        #48
        We already know that. All of that. You're not helping at all. Why is everyone saying the exact same thing over and over?

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          #49
          I know one mod that released the game with changed names, and the first thing the community did was make a patch for it to show the proper names ingame.

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            #50
            ... that's pretty cool buddy.

            I read through some of the contracts they had in that email. The one with Accuracy International specifically says trade dress and I imagine most of the others go along that line, along with the trademarks which we already knew. Which, at least in the US, doesn't protect the design itself of something (i.e. what it looks like), only the arrangement and materials.

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              #51
              Unfortunately, i'm not too sure whether US or UK law applies, as we've got a multi-national team: although, i'm the one whose named, so i'd assume it was me that was targetted for any legal action.

              Not too sure what the difference is with the UK unfortunately.

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                #52
                It would be in the UK, but chances are they would be using US law and want to be able to charge you for that, since they're a US company (or at least a US branch). International law is confusing, I wouldn't worry about it though. When the game comes out change the names, from what they're doing right now, it seems like they're claiming they can sue you if you take a picture of a gun and say what it's called somewhere, which I find seriously unlikely.

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                  #53
                  Originally posted by Squiggers View Post
                  Unfortunately, i'm not too sure whether US or UK law applies, as we've got a multi-national team
                  UK law if they sue you. U.S. courts must have jurisdiction to hear and decide a case, and as a foreign citizen they have no claim over you unless you submit to them voluntarily. As is, they'd have no standing to sue you in the U.S. or anywhere else unless you start doing substantial business in the U.S. or another country with your game (and even then, they'd face years of appeals on whether an internet game sold to someone in America justifies jurisdiction). Just do what I said back on page 3, I made the advice specific to trademark disputes without using legalese. Following that advice should steer you clear of any trademark claim they have.

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                    #54
                    Originally posted by danimal' View Post
                    UK law if they sue you. U.S. courts must have jurisdiction to hear and decide a case, and as a foreign citizen they have no claim over you unless you submit to them voluntarily. As is, they'd have no standing to sue you in the U.S. or anywhere else unless you start doing substantial business in the U.S. or another country with your game (and even then, they'd face years of appeals on whether an internet game sold to someone in America justifies jurisdiction). Just do what I said back on page 3, I made the advice specific to trademark disputes without using legalese. Following that advice should steer you clear of any trademark claim they have.
                    Yeah, its pretty much what we're going to do - if we don't recieve a response from the original companies by the end of this week, we'll be doing so, as its sound advice. Unfortunately, its rather costly in my area to find any form of legal advice, particularly for trademark/copyright law, which ain't ideal.

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                      #55
                      Okay, minor update on this one. Contacted all companies whose weapons are in the project - so far, we've received a good response from Webley allowing us to use the weapon, along with the name provided we credit them in documentation and in game, and we're currently waiting for a reply from Remington.

                      UnspoiledWalnut - you've got a PM from me mate, i'd appreciate it if you could sort that one for me please, particularly as we're looking at getting ourselves established properly in the next 6 months.

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