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Let's imagine the case I offer to see a 3D sportscar (Ferrari or any sportscar brand), and you can explore it in my own programed VR/AR web-visor. The customer is not buying the product (the 3D model is not downloadable, I do not offer any files to download, so it's no digital goods). The customer buys access to the web-visor to see that sportscar in VR/AR.

Since I do not offer any digital/tangible goods and I offer my own 3D web-visor to display products like these, and it's not a videogame, nothing downloadable, just a 3D visor.

  • You appear to be asking for specific legal advice which is against the Law.SE guidelines. You may want to reword your question to be more generic to reduce the likelihood of it being closed or deleted and increase the likelihood of getting good answers. – Lag May 27 at 10:33
  • Sorry, I didn't know about those terms. Was my first introduction into this community, and I was unaware of thar. I'll take actions on this by your comments. – ermac May 27 at 15:52
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You want to use the experience of seeing a particular product, such as a Ferrari, in VR/AR, for your commercial benefit. The experience will focus on the product - the product's appearance isn't an incidental part of the experience, a part of the scenery, it almost is the experience.

Certainly in the case of say Ferrari you'll be showing a trademarked logo (unless you remove it) and possibly a copyrighted design or 'Registered Design' (protected features of a product that have 'eye appeal', e.g. the Jeep or Hummer grilles).

I think you need permission from the licensor.

The licensor is the entity in the territory with exclusive legal rights over a thing, e.g. the Ferrari trademark, that gives, sells or otherwise surrenders to another entity a limited right to use that thing in the territory.

Even if you are in the clear by law you may nevertheless face legal difficulties if you come to the attention of an entity that regularly flexes its lawyers to try to control uses of the brand, like Ferrari and many other companies do.

So to mitigate risk it seems wise to:

  • consult with a lawyer competent in this field, 'intellectual property'
  • get permission from the licensor, which can be costly (perhaps try to persuade the licensor it's an advertising opportunity)
  • avoid using trademarks or copyrighted things that you don't have permission to use
  • give the things spoof brand names and fudged designs (but then there is a risk in the EU or similar jurisdictions that a court could be persuaded it is associable with a "well known mark" or such)
  • not use things that have litigious licensors (good luck with that)
  • use things that are not protected or are no longer protected in such respects (e.g. in some jurisdictions a car design over 25 years old may be fine to use without permission although you might have to remove the logo)
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