Can placing a model of a real life recliner/keyboard/car in my commercial game, violate the trade-dress/trademarks/patents of the manufacturer/brand if it looks and functions like the real thing? Or would it only apply to look and not function or vice versa?

  1. Or would that only be the case if the player is able to buy that object in game?

  2. Or do all assets in commercial games have to follow same legal obligations and precautions as with real life products?

  • 1
    Does this answer your question? Can I use real life brand names in a computer game? Commented Nov 29, 2021 at 20:03
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    @BlueDogRanch not quite, I'm asking about 3D trademarks and patents on product designs and functionality, not brand names.
    – A.D.
    Commented Nov 29, 2021 at 20:20
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    The look of product designs can be granted design patents by the USPTO but to infringe a design patent on a chair one would need to make, sell, offer for sale, import or use an actual chair. Commented Nov 30, 2021 at 7:03
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    No - I am saying patent rights will not stop you. Commented Nov 30, 2021 at 17:08
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    Generally speaking trademark won't stop you either. The copyright and trade dress analysis is more involved.
    – ohwilleke
    Commented Dec 1, 2021 at 0:42


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