Weatherford, TX asked in Copyright, Intellectual Property and Trademark for Texas

Q: I'm wanting to create a LEGO video game

I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.

2 Lawyer Answers
Christie Dudley
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Christie Dudley
Answered
  • Intellectual Property Lawyer
  • San Francisco, CA

A: LEGO makes locking bricks, which are rather obviously not video games. Other companies make locking bricks, so it's fine to use imagery of locking bricks for your video game. If you want to specifically use the LEGO name or identifiers in your video game and sell it, you are effectively using the trademark to sell more video games and they will have a problem with that.

If you are interested in licensing the name and trademark, there is typically a lengthy negotiation relating to that where the company will do a lot of due diligence to verify the quality of the work they are associating their name with, then charge quite a bit for the right to use the name. It is unlikely they would engage in a dialogue with a person who is not a lawyer because it is a complex process.

James L. Arrasmith
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Answered

A: Creating a LEGO video game involves potential copyright and intellectual property concerns. It's advisable to consult with a qualified attorney experienced in copyright and intellectual property law to assess whether your game would potentially infringe on LEGO's rights and whether you would need to obtain proper licenses or permissions from LEGO to proceed.

Sincerely,

James L. Arrasmith

Founding Attorney and Chief Lawyer

The Law Offices of James L. Arrasmith

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