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.
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