So one thing I’ve had on my mind for quite a while now is trademarking. Basically, I’m creating a music store. Features brands such as Fender, Yamaha, etc. I’ve created instruments based on the real life model to be used by players.
Let’s use the Fender Stratocaster as an example. If I were to use this in game, would I have to change the brand’s name to something that’s fake. Would I have to change the model (the Stratocaster) to something else? Am I even allowed to say Fender Stratocaster in the game? Would I have to rename it to something like “Bender Stratosphere” or something?
Then there’s the group name, Guitar Center. If I’m using it in my own way, am I allowed? Will I face a trademark lawsuit or whatever?
This is a question directed more towards the Roblox Staff.
You’d have to ask those companies if they’d be ok with you using their branding. It’s not the best course of action since it’s time consuming and not every company responds to those. What you could do here instead is to create a mock company that could reference to them but not exactly be them (if you get what I mean). Good luck with the project!
I would go with fake names and everything. First you would need to ask for permission and if they even agree, you would need a contract. Depending on that, they could possibly be able to revoke your rights to use it. This would force you to rename everything to a fake name anyway. I would also change the group name since that’s a company name and I don’t know the legality of using their name for a group name.
Same reason all the NASCAR games haven’t been taken down. NASCAR just hasn’t bothered to hit them with a takedown request yet.
If you re-call, Pokemon Brick Bronze got taken down for using Pokemon. It’s just a matter of when the trademark owner comes along and forces you to change or be deleted.
Is this copyright infringement YES Are they likely to act NO.
You are probably safe from these companies here. Just make sure you don’t act like the items belong to you or your brand.