I’m experimenting with a “match the fruits” type game, (I’m sure there’s a better description, but it’s late and I’m tired!) and I was think that rather then using fruits or sweets, or any of the other usual items, it might be fun to try using logos from old 80’s and 90’s computers, like the Commodore C, the Dragon Data logo, the Acorn… erm… acorn! etc.
Do we collectively think that using this could get me into any bother?
I look forward to hearing your thoughts on the matter.
Trademarks are an interesting one. As I understand it trademarks are only protected while they are actively in use, while they are registered, or against ‘passing off’.
Which means you might legally be able to use a logo that is not in use, no longer registered, and is clearly not intended to pass off your game as being made by the same people.
Thanks for your replies. This is a tricky one. I can’t help but thinking that if I used the sprites from Space Invaders, that would be a big no-no, as I believe that Taito, or Midway, or whoever holds the copyright on that game do actively defend it, but would anybody actually think I was trying to suggest that Commodore, Dragon, Acorn, Atari or any other company that no longer make anything had endorsed my game in any way? Or had produced it?
I guess it might be worth finding out who owns the trademark for the individual logos, and approaching them directly, to ask the question. What do you think? Is the direct approach worth a go?
It’ll be a heck of a lot more useful than asking a few random people on the Internet.
Well… you are putting their logo in your game, and that’s generally exactly what those logos are used for - to mark affiliation with a product. I see where you’re coming from and it wouldn’t confuse me, but can the same be said of everyone?
I’d start by seeing if the brands you’re interested in have media kits, and what their usage guidelines are.
If you’d make the logos yourself then you possibly could, don’t make them the exact copy, like instead of using black use grey/gray. and mess up the design a bit so that the difference is only visible if inspected closely, Like if you get sued you could say that that its not the same, which it won’t be, so I guess you’d be fine.
Sorry if that sounds dumb, I’m just a kid you know.
