Erizid 56 Posted November 6, 2012 US Trademark law does not dictate that companies can decide if their brand and/or products are used in other settings, such as TV, film, books and yes, even games. Fair Use clauses allow for such brands to be displayed, even if the owner of the trademark objects. The main legal recourse trademark holders have is if they can prove their brand was in some way, harmed, by its inclusion in the usage under dispute. Companies have tried to sue movie studios in the past for using their products and have been shot down by the courts. Trademark laws don't exist to give companies the right to control and censor movies and TV shows that might happen to include real-world items. Studies on Fair Use laws have backed up this interpretation (see Stanford Law School's Fair Use Project for more information). It would be extremely difficult to argue in court that eating Heinz Baked Beans and drinking Coke to survive a zombie apocalypse would cause harm to their brands.Should Rocket/Bohemia include Heinz, Coke and Pepsi even if their respective trademark holders object? Discuss.*DISCLAIMER* I am not a lawyer. I do not claim to know the fine print of US Trademark Law. If I say something in here that is wrong, feel free to correct me as long as you provide exact references from the law itself. Please do not consider me when choosing legal representation in the event that Heinz, Coke or Pepsi decides to sue because their products were included in DayZ. 1 Share this post Link to post Share on other sites
Again_Dejavu 5 Posted November 6, 2012 1st paragraph: We can use any real life items we want and we're legally untouchable*2nd paragraph: *Not guaranteed to not get sued, and if you do it's not my fault Share this post Link to post Share on other sites
TheDesigner 1197 Posted November 6, 2012 1st paragraph: We can use any real life items we want and we're legally untouchable*2nd paragraph: *Not guaranteed to not get sued, and if you do it's not my faultHe said as long as it doesn't harm the company you should be good. People can sue for anything they want, doesn't mean they would win. Although, if one soda has a higher percent chance of spawning the other company (Pepsi/coke, whichever is the minority) could argue that the game is implying that their brand is worse and manipulating people into buying the other brand. People have sued and won for dumber things. Share this post Link to post Share on other sites
BwobBwub 660 Posted November 6, 2012 Tbh i dont think heinz would be bothered. They will be happy cause people are going to get Heinz products for the Zombie Apocalypse 1 Share this post Link to post Share on other sites
Leadon77 94 Posted November 6, 2012 I'm bothered that Mtn. Dew is so rare....it should be very common...that's it I'm suing for discrimination against my favorite drinks...I found no Mr. Pibb, no Code red Dew......wth do these things just cease to exist? (btw this post is purely in jest and should not be taken seriously by anybody, including that 1 troll that will take it seriously even after reading this) Share this post Link to post Share on other sites
Erizid 56 Posted November 6, 2012 (edited) Mountain Dew is the most sought after soda in the game, which makes it the best, clearly. Also it makes sense that it would be rarer (perhaps not as rare as it is) because less of it gets bottled every year, therefore there would be less lying around post apocalypse.I also noticed that no one even touched my discussion topic, so I shall ask again.If Heinz objected to its product's use in DayZ, should Rocket/Bohemia leave it in anyway? Edited November 6, 2012 by Erizid Share this post Link to post Share on other sites
JCDenton (DayZ) 12 Posted November 6, 2012 Heinz might object to the cherno beanz war however... Because you know... Share this post Link to post Share on other sites
HMS 115 Posted November 17, 2012 You don't know that there isn't Mr. Pibb. Keep looking!This came up a few months back and Erizid may be right - but the hassle would probably ultimately not be worth it.Which I why I recommended the Wacky Packages idea. Nobody listened.I know music copyright owners can't stop someone from using their song in a movie, or playing a cover of it live. They just have to be compensated for it. But that's copyright as opposed to trademark. (And still, the hassle is what stops it from happening more).TM owners won't want their trademark helping to sell (that will be the argument) a game all about killing / dying. Share this post Link to post Share on other sites
mr_chabowski@live.co.uk 2416 Posted November 17, 2012 Everybody knows without the Heinz trademark DayZ would never have been popular. It would just have been a pioneering, online, persistent world, zombie apocalypse, survival game.Generic Beans?No Sale.(j/k)It's not doing any harm to anyone. If anything, it's free advertising.Pepsi/Coke is another story. They are unlikely to be happy sharing the billing, but equally unlikely to each let the other have all the attention. ^_^ Share this post Link to post Share on other sites
