Using Weapon Names Legally

Summary

Using real weapon names in a video game can lead to trademark infringement claims, even if the names are not registered with the USPTO. Brands may have common law trademark rights, and copyright could apply to certain designs or unique characteristics. Consult a local attorney for specific advice.

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i am making a videogame that uses weapons that are potentially protected by copyright. i would like to use the real names of weapons, but want to avoid getting in legal trouble. If the weapons are not in the USPTO, are they fair game?
While it's true that not all names are protected by copyright or trademark, it's safer to avoid using real names of weapons. Here's why:
- Brands can claim trademark infringement if their name is used without permission.
- Even if not registered with the USPTO, a brand might have common law trademark rights.
- Copyright could still apply to certain designs or unique characteristics of a weapon.
Remember, this is only general advice. Consult with a local attorney for the best guidance.