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Brand names

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9 comments, last by nickvbs 21 years, 11 months ago
I think there are several key issues being overlooked, here.

1) You will be using a known brand in an unknown game. To the rest of the world, you are not providing free advertising to Pepsi - the rest of the world will see it as Pepsi endorsing/advertising your product. Remember, it is Pepsi with the worldwide trademarks and branding, not your game. It would be like me going to a photographer''s website, downloading one the pictures on the site, and turning it into a logo. That is very much a copyright infringement.

2) Branding is one of the largest influences in sales of consumer goods. Companies spend a huge portion of their marketing/sales budgets controlling how the public sees their brands. If your game turns out to be a winner, and someone at Pepsi sees it, they will come after you. If there is any hint that your game has influenced sales due to unsanctioned use of their brand, say goodnight. It won''t be pretty.

3) If you ask Pepsi for permission and they are agreeable (which I somehow doubt), you can bet that they will want to see a very high-quality game. If you spend tens of millions of dollars per year establishing a brand and market share, you don''t want ANYTHING to show a less-than-#1-quality representation of that brand. They may even ask for royalties.

4) Also watch out about things like ''First Amendment''. Those laws are US-only - we''re into international waters, here. Also, defamation is one thing. Illegal use of someone else''s property is quite another. Using someone''s trademark without their consent is theft. In fact, that''s exactly why companies are allowed to register and trademark names, logos, and brands.

My advice: if you want to use Pepsi, ask them first. But be prepared to have a lawyer on hand to walk through the (inevitably) complex contract that ensues.

I''d recommend you design your own pop machine. :-)

Whatever you decide, good luck!

Cheers,
Russ
Stuck between Murphy's rock and Peter's hard place -- Unknown

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