Use of Public Brands in Game

[stevenblanc]

Hey all,

I'm making a game set in the modern COVID environment and I'm aiming for a fair level of realism and so far have included some brands such as KFC and coca cola in my locations and items.

I tried googleing the use of public brands but not sure exactly what terminology to use, I can redo the artwork for the KFC into another fried chicken place if necessary; but just curious on the legality of the use of the following:

1. Real place names, countries, towns, cities, shopping centres, hiking destinations (I seem to recall Terranigma using real places and games like COD do this regularly). The game is presently set in my home country of Trinidad and Tobago.
2. Real business names with recognizable brands in a realistic setting or the locating of an off named brand "Kieth's Fried Chicken"/ "Fingerlicking Chicken Centre" or other. If I have to go offbrand would it be problematic to use similar fonts, colours, or icons such as the colonel?
3. Real products with or without the brands Swiss Mist, Coco Cola, etc. for items in game.

I know there's a wealth of knowledge here so I figured I'd ask although I assume all of this is fine if it's a non-commercial game that I share privately with my friends, but what happens if I post it for free online, or I post it for sale?

Thanks in advance guys!

Cheers,

Steven

 

[M.I.A.]

Why use the brands themselves and worry about it? Why not "Cola Cola" or "McDonna's".. most people will understand the real world references.

-MIA

 

[BK-tdm]

If your game is not commercial you're free to do as you like (unless you bash and insult the brand and make the owners angry)
If your game is commercial then you'll need to go the way most anime and game's do, conserve color and look but change the name of the brand itself.

 

[stevenblanc]

Honestly, KFC is about the only one that I'd really like to use, the rest I can dodge fairly easily if I were to go commercial; however, in Trinidad KFC is a super large brand; we have a population of 1.3 million and KFC now has 51 stores nationwide... thats a lot of fried chicken:



But if it is an issue I can swap the letters around and I guess people would get it... kind of los pollos hermanos kind of thing. The Colonel would have to redo completely though I guess. The lettering would be easier.

 

[Dororo]

If your game is not commercial you're free to do as you like (unless you bash and insult the brand and make the owners angry)

No.
The distribution action matter, that doesn't depend if your delivering it for X money or money zero, is the same exact thing (a distribution to public). Trademarks are trademarks, you don't have rights to reproduce and distribute them if not declaratively allowed. And you're not.
Check what Nintendo does to anyone including Mario in their free homebrews.

To the OP.
You can't use trademarks. You can QUOTE trademarks as for common use (for example, a tense that tell "We'll go to KFC") as this is not the direct use of a trademark.
But you cannot reproduce the logo. Even if the game is for free. Technically speaking, you cannot even reproduce any related product or location (like a recognizable McDonald shop or the CocaCola glass bottle or KFC colonel): they own a trademark for such designs.
In doubt, you can find for each product a trademark note (the colonel, for example, is heavily trademarked: you cannot reproduce it).

That pic is clearly a trademark strike. Is not even masked, c'mon, look like a KFC commercial XD.
It doesn't matter how common is for your country, in my country owning a FIAT car is practically automatic, but I can't reproduce FIAT logo.

 

[stevenblanc]

No.
The distribution action matter, that doesn't depend if your delivering it for X money or money zero, is the same exact thing (a distribution to public). Trademarks are trademarks, you don't have rights to reproduce and distribute them if not declaratively allowed. And you're not.
Check what Nintendo does to anyone including Mario in their free homebrews.

To the OP.
You can't use trademarks. You can QUOTE trademarks as for common use (for example, a tense that tell "We'll go to KFC") as this is not the direct use of a trademark.
But you cannot reproduce the logo. Even if the game is for free. Technically speaking, you cannot even reproduce any related product or location (like a recognizable McDonald shop or the CocaCola glass bottle or KFC colonel): they own a trademark for such designs.
In doubt, you can find for each product a trademark note (the colonel, for example, is heavily trademarked: you cannot reproduce it).

That pic is clearly a trademark strike. Is not even masked, c'mon, look like a KFC commercial XD.
It doesn't matter how common is for your country, in my country owning a FIAT car is practically automatic, but I can't reproduce FIAT logo.

Thanks @Dororo,

That's what I was asking for; so I'll have to redo the artwork; I should be safe following @BK-tdm 's advice and just swapping out the logo and the colonel for similar characters? Or would I have to make the thing completely unrecognizable?

 

[Tuomo L]

Make it BFC, give him shades and tophat and it's good enough to pass as satire.

 

[stevenblanc]

Eh, I decided on D Encrusted Duck or DED. Will swap out the whole menu for duck related items.