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[JustColorado]

Hello all.

   I am working on an urban fighting game.  The first mission is to go to a pizzeria and kill the owner.   The location of the pizzeria is exactly at the epicenter of where the game takes place, and this pizzeria is an important part of the story line.  It is a very famous pizzeria, Bill Clinton has been there, a bunch of celebrities eat there.  It even has a Michelin star.  And the pizza is awesome.  Anyway,  

    My question: Are there any legal issues with using the real name of a real business?  Especially, as I am not just using the name as a  background thing.  The first mission is to go and murder the owner who the pizzeria is named after.  I don't want to get sued, but I am not sure what my rights are.  I have noticed on TV, Movies, and Video games they almost always use similar names instead of the real business name.  I am not sure why.  

    Does anyone here know what the laws are about doing this?  

[ProgramGamer]

I would contact a lawyer based in the us to ask these questions if I were you. If you do need permission, keep in mind that you will have to propose a deal to the owner, and that he will have to know what the scenario is. If you change enough things about that particular location however, you might just be able to put yourself off limits of a lawsuit. I would personally take the creative route and make the location fictional, but I'm the kind of person who prefers creative freedom. If you really want to use that particular pizzeria, do talk to an expert in the matter. I'm sure if you have the resources to talk to a lawyer you wont regret it.

[oldblood]

My question: Are there any legal issues with using the real name of a real business?  Especially, as I am not just using the name as a  background thing.  The first mission is to go and murder the owner who the pizzeria is named after.  I don't want to get sued, but I am not sure what my rights are.  I have noticed on TV, Movies, and Video games they almost always use similar names instead of the real business name.  I am not sure why.

Disclaimer: Not a lawyer.

But yes, there are definitely legal issues there (assuming this is a commercial project you intend to sell). TV shows and films work out branding agreements to use actual products or brands that involve one party getting paid and the other getting advertising. As an indie developer, you likely can't promise the viewership of a film or TV show so I'm not sure how you can incentivize them to agree without short of paying them for the right to use their brand and even then-- if they're a respected brand (which it sounds they are) then aligning with a no-name indie actually would go against their current branding which seems to be targeted around celebrities and affiliating with famous individuals...

The fact that your game also has the player killing the owner of said pizzeria likely won't enhance their interest in working with you...

I'd advise that you just make up your own fictional pizzeria company that has a similar reputation/style to the real life counter-part... But even there, tread lightly. I can't imagine it will be detrimental to the story for you to just make up your own fictional company and owner and there are zero risks there.

[AlexRamallo]

(warning: I am not a lawyer)

The pizzeria most likely has a registered trademark for its name. To use their name (and/or logo or anything else trademarked) you'd either need their permission, or have your usage qualify as "fair use". A quick google search brought up this article on fair use you may want to read. Also the US Patent and Trademark Office has a good article and video you may find helpful here.


If I were you I'd try to contact the owner of the pizzeria to see if they will give you written permission. After all, free advertising is always a good thing so they might not have a problem with it. If they don't, you could still probably continue with fair use, although you'd probably want to consult an actual lawyer at this point.


Worst case, you can make up a fictional pizzeria. And who knows? Maybe the game picks up enough steam that your fictional pizzeria will get famous and you'll be able to start your own pizza business!

[knifeySpoonie]

Avoid using any real world business or place for many many reasons.

Legal issues such as trademark coming back and having a cease and desist put on your game as well as a potential bunch of fees.

Legal issues such as sued for loss of business because you paint it in a bad way "kill the owner" is hardly something that businesses would want associate with them and they could then sue you for loss of earnings etc..

Copycats.. What is some deranged madman copies your games plot and goes and shoots up the place... if its real world you have that risk, if it's just a pizzeria with a similar background, it's easier to be "it's just a game in a fictional world"

There are so many good reasons for not doing it... there's a reason GTA series makes up it's chains and parody's companies rather than just going out and getting advertising deals.

[Moth]

In No More Heroes a mission has you assassinating the CEO of "Pizza Butt".

In my opinion you should really just come up with a convincing fake pizza franchise if you don't want to go the obvious parody route, like the aforementioned game did. It really doesn't seem worth the hassle.

[JustColorado]

Thank you everyone for your replies.  
I decided to go the obvious Parody Route.
Name change, some remodeling inside, a special boss combat area.
I am working in some humor for the cutscene.

I put up some Screenshots and, and photos in a blog post http://www.hipsteraxe.com/robertas-of-bushwick-in-virtual-reality/