Weaponry Trademark/Copyright Issues - Help pl0x?
First off - loving the new site, its looking dead sexy. 
A few of you might have seen my post on this on the Epic Forums, so you'll have to excuse me copy and pasting. :P
My team is working on a full scale game based around the 1980s in Europe, and as such uses several weapons that are around during this period.
About a week or so ago we received an e-mail from a company calling themselves ActionSportGames - an airsoft company - claiming that we were infringing their trademark via displaying images of these weapons, as we were intending to profit from their use. Apparantly they've got the right to use these weapons in games from several weapon manufacturers, all of which are displayed on their site.
Now, I was under the impression that changing the names of these weapons would be enough - but according to the wording in this e-mail, they have the rights to the designs, name.. the whole lot - which seems remarkably iffy to me.
This creates quite a few problems, as you can imagine, particularly for a project based around realism!
Has anyone heard of this happening before with this company, or knows more about licensing laws regarding weaponry/vehicles?
The e-mail that I received has some rather odd grammatical/spelling errors throughout the piece - this seems particularly odd, as its not sent via their legal team, but via their "Director of US Operations & Global Licensing". That said, their legal team is based in Denmark, so that may explain some of the odd spelling.
In regards to what they're claiming, here are some of the extracts from the e-mail:
On a side note - you can find the certificates on their site if you go to Company -> Exclusive Rights and then scroll down to each invidual company. For a few examples:
http://www.smartstep.se/ssp/uplimages/68509/0.jpg
http://www.smartstep.se/ssp/uplimages/21956/0.jpg
http://www.smartstep.se/ssp/uplimages/21959/0.jpg
http://www.smartstep.se/ssp/uplimages/21960/0.jpg
The issue that I have is that these documents aren't too.. well, clear on what they're after. Mainly the fact that the rights to certain items are rather vauge - or are vauge to the point that they can be applied in several areas.
I apoligise if this isn't the right place to post, but I could do with some more advice in regards to this one.
Main bits of advice we've had so far are the following:
1) Change names of weapons.
2) Change some parts of the weapons to be less exactly like the originals.
3) Contact the original firearms companies to see what they want us to do - primarily seeing whether changing the names would actually be enough, or even if we could retain the names.
Anyway - any advice, or thoughts on the situation, it'd be appreciated. :thumbup:
(Apoligies if this isn't where this should be posted, but I couldn't think of where else to post it!)
A few of you might have seen my post on this on the Epic Forums, so you'll have to excuse me copy and pasting. :P
My team is working on a full scale game based around the 1980s in Europe, and as such uses several weapons that are around during this period.
About a week or so ago we received an e-mail from a company calling themselves ActionSportGames - an airsoft company - claiming that we were infringing their trademark via displaying images of these weapons, as we were intending to profit from their use. Apparantly they've got the right to use these weapons in games from several weapon manufacturers, all of which are displayed on their site.
Now, I was under the impression that changing the names of these weapons would be enough - but according to the wording in this e-mail, they have the rights to the designs, name.. the whole lot - which seems remarkably iffy to me.
This creates quite a few problems, as you can imagine, particularly for a project based around realism!
Has anyone heard of this happening before with this company, or knows more about licensing laws regarding weaponry/vehicles?
The e-mail that I received has some rather odd grammatical/spelling errors throughout the piece - this seems particularly odd, as its not sent via their legal team, but via their "Director of US Operations & Global Licensing". That said, their legal team is based in Denmark, so that may explain some of the odd spelling.
In regards to what they're claiming, here are some of the extracts from the e-mail:
If anyone wishes to see the full e-mail, please ask - I'm a little bit concerned about making the entire e-mail completely public in case it compromises any legal case that we may end up having as a result of the situation, unless someone can say other wise in regards to that?Our company is the exclusive worldwide Licensees and rightful owner of the registered trademark of Concern Izhmash Dragunov SVD, SVDS, CZ-Scorpion Vz. 61, Franchi SPAS-12, and Accuracy-L96 plus many others with regard to trademarks, trade names, logo, product designs, use of photos, and video games with Licensors firearms, components and accessories.
On a side note - you can find the certificates on their site if you go to Company -> Exclusive Rights and then scroll down to each invidual company. For a few examples:
http://www.smartstep.se/ssp/uplimages/68509/0.jpg
http://www.smartstep.se/ssp/uplimages/21956/0.jpg
http://www.smartstep.se/ssp/uplimages/21959/0.jpg
http://www.smartstep.se/ssp/uplimages/21960/0.jpg
The issue that I have is that these documents aren't too.. well, clear on what they're after. Mainly the fact that the rights to certain items are rather vauge - or are vauge to the point that they can be applied in several areas.
I apoligise if this isn't the right place to post, but I could do with some more advice in regards to this one.
Main bits of advice we've had so far are the following:
1) Change names of weapons.
2) Change some parts of the weapons to be less exactly like the originals.
3) Contact the original firearms companies to see what they want us to do - primarily seeing whether changing the names would actually be enough, or even if we could retain the names.
Anyway - any advice, or thoughts on the situation, it'd be appreciated. :thumbup:
(Apoligies if this isn't where this should be posted, but I couldn't think of where else to post it!)
Replies
I actually read through their worldwide license agreement document on their site, and there's no mention of any video game developer exclusivity agreements - the only thing it mentions is:
Now I'm no lawyer, but this seems pretty vague to me. Also, the fact that their legal advisers didn't contact you seems especially dodgy.
I'd seek professional legal advice, just to be safe.
Since a lot of the assets were already made when we heard that some brands wanted to pull out - I think HK wanted no part of it and Remington as well..but there were lots that wanted nothing to do with it...be it for legal reasons or because the game wasn't good...We just ended up changing the gun slightly and removing any branding.
I'd second that it seems pretty dodgy and, if you really want to, get a lawyer. Personally, I don't think that their agreement covers video games - but I'm just a guy. By my understanding, which again isn't sound legal advice, it sounds more like they have the rights to make fake versions of the guns to accompany games...like you'd see in dive bars for arcade machines...not a digital version of the gun in a video game.
Gravy.
when I read the "including (but not limited to)" part.... *sigh*
reminds me of Jack Black in "School of Rock"...
Read between the lines.... hmmmm?!?!?.... READ BETWEEN THE LINES!
yeah, get a lawyer, worth the investment to cover your ass. have the lawyer call the original copyright holders.
that license certificate is so ridiculous, they could sue a 12 year old for drawing a picture of their gun in chartreuse crayola crayons.
as mentioned above seek legal advice....I expect that they will tell you that they can offer a sublicensing deal soon enough.
*edit* additionally after a bit of digging the ak lookalikes shown with the Arsenal inc company logo is nonsense by the look of it. The Russian government made it quite clear that there is only one IP holder for the AK variants and that is Izhmash. ASG do have a license with Izhmash, but it appears to be for nothing but the name Dragunov when associated with sniper rifles.