Can models based on real guns or night vision goggles be sold in the daz store?

kickassets

Ive been looking for documentation that has a say on whether PA's can sell content based on real products such as name brand shoes, guns or vehicles like jets, cars or bikes.

namffuak

The problem you run into is that any trademarked item, in order to continue owning the trademark, must aggressively take down any non-licensed images. So the names and the logos won't get past QA.

mjc1016

There is also the fact that some companies (Honda and Ikea are two that come to mind) put out their own, official 3D meshes...(both of those do it for free).

kickassets

Thanks for your response. Okay so as long as I dont include their logos in the model or description? I want to make realistic guns and props along with figures to be as generic as possible to fit into other's projects and look legit. I work from refrence so I just want to make sure I'm still legasl with the creation of my own products.

Tobor

This is not legal advice, but most any product that has a "famous" look could claim a common law trademark on that look, even if there is no trademark applied. The display of a logo or tradename is not necessary for a finding of infringement. An example is the unique shape of a Harley-Davidson V-Rod, or the appearance of Ray Ban sunglasses. (Note that some of these also have design patents; you can look these up.)

While you could perhaps sell the items, it would be ill-advised to offer customers a commercial licenes. Customers could be held liable for the use of these protected marks, and to seek redress, they would understandably go after you, and Daz.

So again, while this isn't legal advice, my suggestion is to come up with props that lend the suggestion of reality, but not the distinctive looks of a recognized brand.

If you intend to pursue this as a business, you should really pay for a half-hour of consultation with an IP attorney. You'd be able togive specifics, and it's the specifics that matter.

kickassets

Thanks tobor for ur feedback

Scavenger

There are a number of "realistic" packages out there.

To my eyes, http://www.daz3d.com/the-firearm-pack is very "real looking"? But I don't know for truth.

Petercat

draw_this2003_2f25381e87 said:

Thanks tobor for ur feedback

Speaking of firearms, Glock has a history of aggressively attacking anyone who uses even the shape of it's handguns, even if it is just a blocky slide with no cutouts. I would suggest avoiding anything that could be mistaken for a Glock.