Re: Trademark Q

Subject: Re: Re: Trademark Q

Comments:
: : I'm going to try and phrase this question as neutrally based as possible, so : : it might get a little obscue :) : : There is a game called Counter-Strike in which people often make user-made : : levels and distribute them on the Internet for others to play. The game : : invloves a terrorist-counter terrorist scenarios from assasinations, to : : hostages, to bombings. A pair of mappers/texturers has used a digital camera : : to take pictures of real-world objects to include in the map. Of these : : objects, we have a Citgo gas tank (with trademarked symbols) and a 7-11 sign : : (With the registered trademark). Some of the mapping community say that if : : 7-11 wanted to, they could force these pictures not to be used as it : : violates trademark law; basically by misrepresenting 7-11 as they have not : : endorsed this product (the map) and have not said they wish to be associated : : with it at all. Others say that one can use these pictures due to fair use. : : Just looking for more opinions! : Dear Galen, : Without taking any professional responsibilty, for this, my gut says that you can use other peoples' trademarks in context as long as you are not passing off for instance. : There may be a cause of action or right to stop you if the use disparages the mark unfairly. : My concern is that the use of the game be free of risk of copyright infringement. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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