Q: Can I use parts identical to LEGO parts (non-patented/expired) in a commercial virtual reality game?
The parts are sourced from an online community (LDraw.com) that models the LEGO parts in 3D attempting to digitally archive the LEGO parts, so they are as close to the original as possible. I am attempting to create a virtual reality game where these parts can be built in a similar way (but in a novel interactive fashion that differs from building LEGO models in real life). Could I potentially use all of the parts (including the ones protected under design patents) or at least some of the parts (the parts that are not protected by patents or whose patents have expired) in the game? Does this count as unfair competition? Will I be sued by the LEGO Group for continuing on this endeavor?
A:
It will depend on what parts you are referring to.
If they are the ones out of protection, you could use them. But you need to make sure they do not have other protections, common law or statutory.
You should definitely consult an attorney to be better guided.
Marcos
www.legalbizglobal.com
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
