Trademark and Brand in Mods
This article addresses one of the most consistent questions that 57 Studios™ receives from modders and contributors: whether it is permissible to include real-world brand names, trade names, product names, and logos in Unturned™ mod content. The question arises at every level of mod production — from a modder who wants to label an in-game soda can "Coca-Cola" because it feels realistic, to a modder who wants to ship a commercial gun pack on Tebex under the product name "Glock 17."
The answer depends on a set of overlapping legal doctrines: trademark law, the nominative fair use doctrine, copyright (which governs logos and artwork separately from brand names), and the specific commercial context of the mod's distribution. None of these doctrines produces a simple yes-or-no output for every case. What they produce is a risk framework. This article explains the framework and documents the 57 Studios™ practice of using fictional brand names in commercial mods — a practice that eliminates trademark risk by removing the legal trigger entirely.
Disclaimer
This article is informational documentation from 57 Studios™ about how trademark law is commonly understood to apply to game mod content. It is not legal advice. A modder who faces a specific dispute, cease-and-desist letter, or legal question should consult a licensed attorney in their jurisdiction. Nothing in this article creates an attorney-client relationship or constitutes legal counsel.
What trademark law actually protects
A trademark is any word, phrase, symbol, design, or combination of these elements that identifies the source of goods or services and distinguishes that source from others. The Glock brand name, the Coca-Cola script, the AK-47 designation as it appears on Kalashnikov Concern's products, and the McDonald's golden arches are all trademarks — each functions to tell a consumer "this product comes from this specific company."
Trademark law does not protect the underlying product design in perpetuity (that is the domain of patents, which expire). It does not protect the functional attributes of the product. It protects the consumer's ability to correctly identify the commercial source of the goods they are buying.
The core cause of action in trademark infringement is likelihood of confusion: whether a consumer encountering the defendant's use of a mark would be likely to mistakenly believe that the product or service comes from, or is endorsed by, the trademark holder.
Trademark vs. copyright — the distinction that matters
Modders frequently conflate trademark and copyright. They are distinct doctrines with different triggers and different defenses.
| Aspect | Trademark | Copyright |
|---|---|---|
| What it protects | Brand identifiers that signal commercial source | Original creative expression (text, art, music, software) |
| Duration | Indefinitely, as long as the mark is in use and renewed | Life of author + 70 years (US); varies by jurisdiction |
| Core test | Likelihood of consumer confusion about commercial source | Copying of protectable expression |
| Fair use defense | Nominative fair use; descriptive fair use | Four-factor fair use (purpose, nature, amount, market effect) |
| Registration required? | No (common law); registration strengthens rights | No (automatic on creation); registration enables statutory damages |
| Primary concern for modders | Using a brand name or logo that could imply endorsement | Reproducing logo artwork, in-game textures based on brand assets |
A brand name alone — "Glock," "Beretta," "Springfield Armory" — is protected by trademark, not copyright. The logo artwork that depicts the brand name in a specific stylized form is protected by copyright in addition to trademark. A modder who reproduces the Glock logo as a texture file is potentially infringing both trademark and copyright simultaneously.
Registered vs. unregistered marks
A mark does not need to be registered to receive trademark protection in the United States. Common law trademark rights arise from actual use of a mark in commerce. Registration with the United States Patent and Trademark Office (USPTO) strengthens those rights substantially — it creates a nationwide presumption of exclusive ownership, enables use of the ® symbol, and is required before filing a federal infringement suit.
Most major consumer brands encountered in a modding context (firearms manufacturers, food and beverage companies, automotive brands, electronics brands) maintain active federal trademark registrations. Modders should not assume that the absence of a ® symbol means a brand name is unprotected.
EUIPO and international registrations
Unturned™ has a global player base. Trademark rights are territorial, which means a brand may have trademark rights in the European Union, the United Kingdom, Japan, or Canada even if its USPTO registration is limited. Modders selling on Tebex to an international audience are potentially subject to trademark laws in multiple jurisdictions. The fictional-brand convention eliminates this multi-jurisdictional complexity.
Generic terms vs. distinctive marks
Not all product names are protected trademarks. Trademark law places marks on a spectrum of distinctiveness, from strongest to weakest protection:
| Category | Description | Examples | Protectable? |
|---|---|---|---|
| Fanciful | Invented words with no prior meaning | Kodak, Häagen-Dazs, Xerox | Strongest protection |
| Arbitrary | Common words applied to unrelated goods | Apple (computers), Amazon (retail) | Strong protection |
| Suggestive | Suggests product qualities without describing them | Netflix (streaming + movies), Coppertone (sunscreen) | Protectable |
| Descriptive | Directly describes product quality or characteristic | "Cold and Creamy" for ice cream | Protectable only with acquired distinctiveness |
| Generic | The common name for the product itself | "Rifle," "handgun," "soda" | Not protectable |
The practical implication for modders: using the word "rifle" on a mod weapon is not a trademark issue because "rifle" is generic. Using "AK-47" requires more analysis. The term "AK-47" originated as a Soviet military designation (Avtomat Kalashnikova 1947) and was not originally a commercial trademark. However, Kalashnikov Concern and related entities have sought trademark protection for AK-47 and related designations in various jurisdictions, and the mark's status varies by country. This is the kind of complexity that the 57 Studios™ fictional-brand convention is designed to sidestep entirely.
Nominative fair use
The nominative fair use doctrine allows a person to use another's trademark to identify the trademark owner's own product or service — particularly when there is no easy alternative way to refer to the product. It is the legal basis under which journalists can write about iPhone without Apple's permission, under which a mechanic can advertise "we fix Hondas," and under which a modder might be able to reference a real weapon brand to explain compatibility.
The three-factor test for nominative fair use (established in New Kids on the Block v. News America Publishing, 971 F.2d 302 (9th Cir. 1992)) requires:
- The product or service in question must not be readily identifiable without use of the trademark.
- Only so much of the mark may be used as is reasonably necessary to identify the product.
- The user must do nothing that would suggest sponsorship or endorsement by the trademark holder.
The endorsement problem for commercial mods
The third factor — no suggestion of sponsorship or endorsement — is the point where commercial mod packs face significant difficulty. A mod pack sold on Tebex with "Glock Pack" in the title and the Glock logo in the cover image communicates, in a commercial context, that Glock GmbH has endorsed, licensed, or sponsored the product. That inference is exactly what trademark law is designed to prevent. Nominative fair use requires the user to actively avoid creating that impression — which is structurally difficult when the brand name is the headline of a paid product listing.
Nominative fair use is better suited to:
- Written references in wiki documentation ("this mod uses a weapon modeled after the Glock 17 platform")
- Compatibility documentation ("the magazine from mod X is compatible with mod Y's pistol, which is based on the Beretta 92 pattern")
- Journalism and editorial coverage of mod packs
It is not well-suited to:
- Product names in Tebex listings ("Glock 17 Pack")
- In-game item names in commercially distributed mods ("Glock 17")
- Logo reproductions on packaging or cover art
The 57 Studios documented practice: fictional brand naming
57 Studios™ operates commercial mod packs sold on Tebex. Its documented practice for all commercially distributed mod content is to use fictional brand names rather than real-world trademark-protected names. This practice follows the precedent established by mainstream game publishers, who routinely use fictional weapon names in commercial titles for the same legal reasons.
The most prominent example from Unturned™ itself: Nelson Sexton and Smartly Dressed Games use the "Maplestrike" as the canonical assault rifle, rather than naming it an AK-47 or a C7 (the Canadian Forces variant of the M16). The Maplestrike name is functional, distinctive, and carries no trademark obligation.
The 57 Studios™ fictional-brand-naming convention operates on the same principle.
Naming convention structure
57 Studios™ fictional brand names follow a consistent convention for internal consistency and community recognizability:
| Real-world reference | 57 Studios fictional name | Naming rationale |
|---|---|---|
| AK-pattern rifle | Maplestrike (defers to Unturned vanilla) | Geographic reference (Canadian game) |
| AR-15/M4 pattern | Eaglecrest Carbine | Evocative of tactical rifle platform |
| 9mm pistol class | Vantage Nine | Generic class descriptor, no real brand |
| .45 pistol class | Ironmark .45 | Material-evocative, caliber explicit |
| Suppressor / silencer | Quietfield | Descriptive without brand reference |
| Soda / beverage cans | Sparkwell Cola, Ridgeline Citrus | Invented brand family for food items |
| Fuel / petroleum containers | Greyrock Fuel | Industrial-sounding invented brand |
The convention is: use an invented compound word or two-word phrase that evokes the product category or region without referencing any real trademark. The name should be usable in a sentence as a proper noun ("equip the Vantage Nine"), feel like a real product name, and carry no legal obligation.
When the fiction convention applies
The fiction convention is mandatory for:
- All items in commercial mod packs (Tebex listings, paid DLC bundles)
- Item names and descriptions in
.datandEnglish.datfiles in commercial mods - Storefront listing titles and cover art
- Workshop thumbnails and promotional materials that accompany commercial releases
The fiction convention is recommended but not mandatory for:
- Non-commercial workshop uploads (free mods) where the use is clearly referential and no logo artwork is reproduced
- Internal documentation and research notes
- Wiki articles that reference real-world weapons for informational context (as this article does)
How to convert a real brand name to a fictional name
The conversion workflow for a new weapon mod:
- Identify the real-world platform the weapon is modeled on (for internal documentation only — this is the technical reference, not the product name).
- Identify the distinguishing characteristics of the platform: caliber, action type, geographic origin, intended use case, distinctive visual feature.
- Generate a fictional compound name from those characteristics. The name must not be a registered trademark in any relevant jurisdiction (verify via USPTO search before finalizing).
- Record the pairing in the project's internal documentation (real reference → fictional name) so future modders on the team maintain naming consistency.
- Use the fictional name exclusively in all externally visible materials:
.datfileNamefield,English.datdisplay name, Tebex listing, Workshop title and description, cover art.
Logos and brand artwork
Brand logos are protected by both trademark and copyright. A modder who reproduces a brand logo — Glock's interlocking-G logo, Beretta's three-arrow mark, Coca-Cola's script lettering — as an in-game texture is potentially infringing both:
- Trademark: because the logo identifies a commercial source and placing it on a mod product could imply endorsement
- Copyright: because the logo is an original artistic work fixed in a tangible medium
The fact that the texture is small (perhaps 64×64 pixels on an in-game label) does not eliminate either form of liability. De minimis copying is a recognized defense in copyright, but courts apply it narrowly, and it does not apply to trademark use at all — even a small reproduction of a trademark can cause consumer confusion.
Logo reproduction is the highest-risk category
Of all the brand-in-mods decisions a modder makes, reproducing a logo as a texture carries the highest combined trademark-and-copyright risk. The 57 Studios™ practice is to never reproduce real-world brand logos in any commercial mod, and to use invented graphical marks (fictional brand logos consistent with the fictional name) for commercial mod items that require branded labels or markings.
Trade dress
Trade dress refers to the overall commercial image of a product — its packaging design, color scheme, shape, and other visual elements that identify commercial source. Trade dress is protected by trademark law (Lanham Act § 43(a) in the United States) whether or not the specific elements are individually registered.
For modders, trade dress is most relevant when modeling products that have a distinctive visual identity:
- The specific red-and-white color scheme and lettering style of a cola brand
- The distinctive shape of a firearm that has become associated exclusively with one manufacturer
- The distinctive packaging design of a pharmaceutical or food product
Reproducing trade dress in a mod (even without exact logo reproduction) can constitute trademark infringement if the reproduction is likely to cause consumer confusion. The analysis is the same as for word marks: is the use likely to cause consumers to believe the mod is endorsed by or affiliated with the trade dress owner?
The expressive commentary exception
Expressive commentary is sometimes invoked as a defense to trademark infringement. The legal basis for this defense is the First Amendment (in the United States) and its interaction with trademark law — specifically the concept of expressive use as opposed to source-identifying use. Courts have recognized that using a trademark as the subject of genuine social or cultural commentary is a form of protected expression, distinct from using a trademark to identify the commercial source of goods.
The expressive commentary defense is narrow and requires genuine commentary
To qualify as protected expressive commentary, the use must make a comment on the trademark itself or on the trademark holder — not merely use the trademark as a recognizable shorthand to add realism or production value. A mod that uses the Coca-Cola brand with its real label to create a realistic-looking soda can is not expressive commentary. A mod that uses a transformed version of the Coca-Cola label to comment on the brand's marketing practices is closer to protected commentary. The distinction is whether the trademark is the subject of the critique or merely an element being borrowed for other purposes.
A modder who believes their use qualifies as expressive commentary should:
- Document clearly how the use comments on or critiques the trademark holder or the mark itself.
- Ensure the fictional and transformed elements of the mark clearly distinguish it from the original — a label that looks like the original but with different critical text is more defensible than a straight reproduction with a disclaimer appended.
- Consider whether the use is commercial — expressive-use defenses are weaker in commercial contexts.
- Consult a licensed attorney before distributing commercially.
The 57 Studios™ policy is to not rely on expressive-commentary arguments as a defense in any commercial mod. The fictional-brand convention provides a cleaner, more durable risk reduction than attempting to qualify each use as protected commentary.
Practical risk assessment matrix
The table below provides a structured risk assessment for common modder decisions. Risk levels reflect the consensus view within the 57 Studios™ legal review process and should not be treated as legal conclusions.
| Use case | Commercial? | Risk level | 57 Studios recommendation |
|---|---|---|---|
| Generic weapon class name ("assault rifle," "handgun") in item display name | Either | None | Proceed without concern |
| Real platform designation used only in internal documentation | No | None | Acceptable as internal reference |
| Real weapon model name in a free workshop description ("modeled after the Glock 17") | No | Low | Acceptable as nominative reference; no logo reproduction |
| Real weapon model name as the in-game item name in a free mod | No | Low-medium | Preferably use fictional name; no logo reproduction |
| Real weapon model name in a Tebex listing title | Yes | High | Use fictional name per 57 Studios convention |
| Real weapon model name as the in-game item name in a commercial mod | Yes | High | Use fictional name per 57 Studios convention |
| Logo reproduction as an in-game texture, any context | Either | Very high | Never reproduce real logos; design fictional mark |
| Trade dress reproduction (distinctive color scheme, shape) in a commercial mod | Yes | High | Redesign with distinct fictional identity |
| Expressive commentary use in a non-commercial mod with clear commentary intent | No | Medium | Document commentary intent; consult attorney |
| Expressive commentary use in a commercial mod | Yes | High | Do not rely on expressive-commentary defense for commercial content |
Jurisdiction notes for international modders
Trademark law is territorial. A modder based in Germany, Australia, or Japan is subject to the trademark laws of their home jurisdiction in addition to the US laws described in this article. The European Union's trademark regime (EUIPO), the UK Intellectual Property Office, and the Japan Patent Office all have active trademark registrations for major consumer brands.
Tebex operates internationally and processes transactions from customers in many jurisdictions. A commercial mod distributed via Tebex may be subject to trademark claims in any jurisdiction where the trademark holder has rights and the product is sold.
The fictional-brand convention eliminates this multi-jurisdictional exposure by removing the trademark trigger entirely. A modder who never uses a real brand name or logo in their commercial content has no trademark exposure regardless of which jurisdictions their customers are located in.
Frequently asked questions
Is "AK-47" a trademark I need to worry about?
The AK-47 designation has a complex trademark history. It originated as a Soviet military designation and was not initially commercialized under trademark law. Various entities — including Kalashnikov Concern and its predecessors — have sought trademark registrations for AK-47 and related designations in different jurisdictions with varying success. The term also appears in firearms regulations and public discourse in ways that complicate pure-trademark analysis. The short answer for a modder: the risk is uncertain, uncertain risk is real risk, and the fictional-brand convention eliminates the uncertainty. Use a fictional designation for commercial content.
Can I call my mod weapon a "Glock" if I just add a disclaimer that I am not affiliated with Glock GmbH?
A disclaimer reduces confusion marginally but does not eliminate trademark liability. Courts have held that disclaimers do not cure infringement when the initial impression created by the use of the mark is likely to cause confusion, even if the disclaimer later corrects that impression. For a commercial mod pack with "Glock" in the title, a disclaimer is insufficient protection.
Does the fair use doctrine that applies to copyright also apply to trademarks?
No. Trademark law has its own fair use doctrines — descriptive fair use and nominative fair use — which are distinct from the four-factor copyright fair use test. The four-factor copyright test (purpose and character of use, nature of the work, amount copied, effect on market) does not apply to trademark disputes. Modders should not rely on copyright fair use reasoning to justify trademark uses.
If I model a weapon after a real firearm but give it a fictional name, am I still at risk?
Trademark law protects brand identifiers, not product designs. Modeling a weapon after a Glock 17's visual design and giving it the fictional name "Vantage Nine" does not create a trademark issue (unless the visual design itself has acquired trademark protection as trade dress, which is uncommon for firearms). Copyright may protect specific artistic design elements of the firearm, but functional product designs are generally protected by patents rather than copyright, and most patent terms on existing firearm designs have expired. The fictional name is the critical element for trademark risk reduction.
Can Smartly Dressed Games take action against me for using real brand names in an Unturned mod?
Smartly Dressed Games does not hold trademark rights in Glock, Beretta, Coca-Cola, or other third-party brands. However, SDG's modding terms, community guidelines, and Workshop policies may impose contractual restrictions that are independent of trademark law. A mod that violates SDG's terms can be removed from the Workshop regardless of whether it constitutes trademark infringement under law. Review SDG's current guidelines in addition to understanding trademark law.
What is the difference between using a brand name in a free mod vs. a paid mod?
Commercial use strengthens a trademark holder's infringement claim and weakens fair use defenses. The "purpose and character of the use" in the nominative fair use analysis weighs against a defendant who profits from the use of another's mark. Free mods that reference real brand names in clearly referential ways (mod description says "modeled after the Glock 17") present a substantially lower risk profile than paid mod packs that use the brand name as a product identifier.
Are food and beverage brand names treated differently from firearm brand names in the mod context?
No — the same trademark analysis applies to any brand name used in commerce. "Coca-Cola" on a mod soda can is subject to the same analysis as "Glock" on a mod pistol. The specific trademark holder's enforcement posture varies (Coca-Cola is generally aggressive about brand protection; smaller manufacturers may be less so), but the legal framework is identical.
If I only reference a brand name in the Workshop description and not in the mod itself, is that safer?
A Workshop description that says "Glock-style pistol" in a descriptive context (referring to the design inspiration) is more defensible as nominative use than a product listing titled "Glock 17 Pack." The Workshop description is public-facing commercial communication for a paid product, so the commercial context still applies. Preferably use descriptive language: "a polymer-frame striker-fired 9mm pistol" instead of "Glock 17."
What should I do if I receive a cease-and-desist letter about brand use in a mod?
Stop distributing the content immediately while you assess the situation. Do not delete evidence of the content (it may be relevant to a legal defense). Consult a licensed intellectual property attorney before responding to the letter. Do not contact the trademark holder directly without legal representation. Remove the commercial listing if there is any ambiguity about whether the C&D is valid.
Can I use a real brand name if the trademark has expired?
Trademark rights expire when a registration is not renewed or when the mark is abandoned. An expired trademark is no longer protected — you can verify current status via the USPTO's TESS database or the EUIPO's eSearch system. However, many brands maintain common law trademark rights even after a USPTO registration lapses, if they continue to use the mark in commerce. Verify both registered status and actual commercial use before relying on expiration.
Is using "AK-47" in the mod's internal code (not visible to end users) a trademark risk?
Internal variable names, code comments, and documentation that are not distributed to end users present no trademark risk. Trademark protects consumer-facing use that could cause confusion in the marketplace. A C# variable named ak47RecoilPattern in a development build that no consumer ever sees is not a trademark use in commerce.
How do I conduct a trademark search before finalizing a fictional name?
The USPTO provides a free database called TESS (Trademark Electronic Search System) at tess2.uspto.gov. For international searches, the EUIPO's eSearch and WIPO's Global Brand Database cover European and international registrations. The search process: enter the proposed fictional name, select relevant classes (Class 28 for games and mod content; Class 13 for firearms-adjacent goods), and review active registrations. If no active registration exists for the fictional name in the relevant classes, the risk of trademark conflict is substantially reduced.
Appendix A: Relevant US trademark statutes
| Statute | Citation | Relevance to modders |
|---|---|---|
| Lanham Act — Trademark Infringement | 15 U.S.C. § 1114 | Registered mark infringement; applies when a mark is used in commerce in a way likely to cause confusion |
| Lanham Act — Unfair Competition / Trade Dress | 15 U.S.C. § 1125(a) | Unregistered mark and trade dress infringement; covers false designation of origin |
| Lanham Act — Dilution | 15 U.S.C. § 1125(c) | Famous marks only; dilution by blurring or tarnishment; does not require likelihood of confusion |
| Lanham Act — Defenses: Fair Use | 15 U.S.C. § 1115(b)(4) | Descriptive fair use defense; use of a term in its descriptive sense, not as a trademark |
State law
Most trademark disputes for mod content will proceed under federal law (Lanham Act). However, state unfair competition and unfair business practices laws can also apply and may have different standards. A licensed attorney can advise on state-law exposure in a specific dispute.
Appendix B: The 57 Studios fictional brand registry
The following table is the current 57 Studios™ internal registry of approved fictional brand names for use in commercial mod content. This registry is maintained to prevent duplicate naming across 57 Studios™ mod packs and to provide a starting point for new weapon designations.
| Fictional brand name | Category | Status | Notes |
|---|---|---|---|
| Maplestrike | Assault rifle | Deferred to Unturned vanilla | SDG-authored; use Unturned's own name |
| Eaglecrest Carbine | AR-pattern carbine | Approved | 57 Studios-originated |
| Vantage Nine | 9mm polymer pistol | Approved | 57 Studios-originated |
| Ironmark .45 | .45 ACP pistol | Approved | 57 Studios-originated |
| Quietfield | Suppressor class | Approved | 57 Studios-originated |
| Nordfield Scout | Bolt-action rifle | Approved | 57 Studios-originated |
| Sparkwell Cola | Soda / beverage | Approved | 57 Studios food-item brand family |
| Ridgeline Citrus | Citrus soda variant | Approved | 57 Studios food-item brand family |
| Greyrock Fuel | Petroleum / fuel containers | Approved | 57 Studios industrial-item brand |
New fictional names proposed for commercial mod content should be added to this registry after USPTO/EUIPO search clearance and documented in the project's internal legal review notes.
Appendix C: External resources
- Unturned on Steam — the official Steam listing for Unturned™.
- Smartly Dressed Games Modding Documentation — the official SDG modding documentation, including community guidelines and Workshop policies.
- USPTO TESS — United States Patent and Trademark Office trademark search database.
- EUIPO eSearch — European Union Intellectual Property Office trademark search.
- WIPO Global Brand Database — World Intellectual Property Organization international trademark search.
Understanding trademark registration status
Before using any brand name in a mod — even in a non-commercial context — a modder should understand the registration status of that mark. The USPTO's Trademark Electronic Search System (TESS) and the EUIPO's eSearch platform allow anyone to search registered marks by keyword, owner, class, and status. The search process is not difficult, and it is the only reliable way to determine whether a specific term is protected.
Goods and services classification
Trademark registrations are organized by the Nice Classification system — an international system of 45 classes covering different categories of goods and services. For mod content, the relevant classes are:
| Nice Class | Coverage | Relevance to mods |
|---|---|---|
| Class 9 | Software, computer games, electronic goods | A game mod could be classified as Class 9 goods |
| Class 13 | Firearms, ammunition | Firearm manufacturer trademarks live here |
| Class 28 | Games, toys, sporting articles | Games and game content |
| Class 32 | Beers, soft drinks, mineral waters | Food/beverage brand names used on in-game items |
| Class 41 | Entertainment, gaming, education | Publishing and entertainment services |
A mark registered only in Class 13 (firearms) may or may not be enforceable against a game mod that uses the same name in Class 28 (games) — trademark registration is class-specific, and a holder in Class 13 would need to demonstrate likelihood of confusion across classes. However, well-known marks receive broader protection that can cross class boundaries under dilution law. Modders should not rely on class-specificity as protection without attorney guidance.
The "use in commerce" requirement
A trademark right in the United States arises from actual use of the mark in commerce — not from registration alone. "Use in commerce" means the mark is used on goods that are actually sold or transported in commerce between states, or on services rendered in commerce. A modder who sells a mod pack on Tebex is using the mod's item names in commerce. That use is the trigger for trademark analysis.
A modder who releases only free mods with no monetization is not using the item names in commerce in the same sense, which is one reason the risk profile for free mods is substantially lower than for paid mod packs.
The spectrum of commercial activity
There is a spectrum between "clearly commercial" (Tebex listing for a paid mod pack) and "clearly non-commercial" (free workshop upload with no monetization). Activities in the middle of the spectrum — accepting donations for mod development, offering a "supporter" tier with early access, bundling mods with a paid server subscription — are analyzed based on whether the brand use is likely to cause consumer confusion. The fictional-brand convention eliminates this analysis by removing the trigger.
How courts assess likelihood of confusion
When a trademark holder claims infringement, courts apply a multi-factor test to determine whether the defendant's use of the mark is likely to cause consumer confusion. The factors (known as the Polaroid factors in the Second Circuit, the Sleekcraft factors in the Ninth Circuit — Unturned™'s Steam platform likely subjects claims to Ninth Circuit law for US-based modders) include:
| Factor | What it measures | Impact on mod brand use |
|---|---|---|
| Strength of the plaintiff's mark | How distinctive and well-known the mark is | Strong marks (Glock, Coca-Cola) have broader protection |
| Proximity of the goods | How closely related the parties' goods are | A mod with real weapon names is in the same product space as games |
| Similarity of the marks | How similar the defendant's mark is to plaintiff's | Using the exact brand name scores worst on this factor |
| Evidence of actual confusion | Whether consumers have actually been confused | Usually not available at the infringement stage |
| Marketing channels | Whether parties use the same distribution channels | Both use Steam/gaming platforms |
| Type of goods and likely purchaser care | How carefully consumers evaluate purchases | Game modding community is relatively sophisticated |
| Defendant's intent | Whether the defendant intended to cause confusion | Not using fictional names when known to be risky suggests intent |
| Likelihood of expansion | Whether plaintiff will expand into defendant's market | Glock will not make video game mods, but branding matters |
The most significant factors for the mod context are strength of mark, similarity of marks, and intent. A modder who uses "Glock" exactly, who knows the fictional-brand convention exists, and who chose real brand names for their paid mod pack faces an unfavorable intent analysis.
Intent is inferred from knowledge
If a modder is aware of the fictional-brand convention — which membership in the 57 Studios™ community establishes — and still chooses to use real brand names in a commercial mod pack, a court analyzing the likelihood-of-confusion factors will infer that the brand use was intentional. Intent weighs against the modder on the confusion analysis and may enable enhanced damages under the Lanham Act.
Workshop platform policies and contractual obligations
Beyond trademark law, a modder using real brand names in Workshop content is also subject to the platform terms of service of Valve's Steam Workshop, Tebex's commerce platform, and SDG's modding community guidelines. These contractual obligations are independent of trademark law and can result in content removal, account termination, or commerce platform suspension without a legal finding of infringement.
Steam Workshop terms
Steam's Subscriber Agreement prohibits content that infringes third-party intellectual property rights. Valve reserves the right to remove Workshop content that receives a valid IP complaint from a trademark holder, regardless of whether the modder believes the use is legally protected. A trademark holder who sends a notice to Valve can cause a Workshop listing to be taken down through an administrative process that does not require court involvement.
Tebex commerce platform
Tebex's terms of service similarly prohibit selling content that infringes third-party intellectual property. A trademark holder can submit a complaint to Tebex's abuse handling process and cause a commercial listing to be suspended. The modder would then need to demonstrate either that the use does not infringe or that the mark is not valid — a process that takes time and may cause revenue loss even if the modder ultimately prevails.
SDG community guidelines
Smartly Dressed Games' community guidelines for Workshop content impose their own standards that may be more restrictive than trademark law. SDG reserves the right to remove content that conflicts with community standards, game rating requirements, or intellectual property policies, without needing to establish legal infringement. A modder who is removed from the Workshop under community guidelines has lost distribution regardless of their legal position.
Platform compliance is a separate track from legal compliance
A modder can be legally correct about trademark nominative fair use and still have their content removed from Steam Workshop or Tebex under platform terms. The fictional-brand convention provides protection on both tracks simultaneously — it eliminates trademark exposure and eliminates the IP complaint trigger for platform actions.
The firearms category: specific considerations
Firearm manufacturer trademarks receive more attention from modders than most other brand categories because realistic weapon mods are the most requested mod type in the Unturned™ community. Several specific considerations apply to firearm brand names:
Manufacturer trade designations vs. common names
Some firearm designations have become so widely used in the technical and collector community that they function as common names rather than trademarks. "AK-47" is discussed above. "M4" (the USGI carbine) and "AR-15" are US government contract designations that have passed into common usage — "AR-15" was originally a Colt trademark but has largely genericized in the consumer market. "M16" is a US military designation, not a manufacturer trademark.
By contrast, model-specific commercial names — "SCAR," "HK416," "MP5" — are active commercial trademarks of their respective manufacturers (FN Herstal, Heckler & Koch, and Heckler & Koch respectively) and carry full trademark protection in relevant markets.
| Designation | Category | Notes |
|---|---|---|
| AK-47 | Complex — see above | Origin as military designation; various trademark claims |
| AR-15 | Substantially genericized in US consumer market | Colt's original trademark; now widely used as common term |
| M4, M16 | US military designations | Not commercial trademarks of any manufacturer |
| Glock 17, 19, etc. | Active Glock trademark | Glock GmbH's product line |
| SCAR | Active FN Herstal trademark | Special Operations Forces Combat Assault Rifle |
| HK416 | Active HK trademark | Heckler & Koch product line |
| MP5 | Active HK trademark | Heckler & Koch product line |
| Beretta 92 | Active Beretta trademark | Beretta S.p.A. product line |
| CZ 75 | Active CZ trademark | Česká zbrojovka product line |
| Desert Eagle | Active IMI / Magnum Research trademark | Discontinued by original manufacturer but trademark active |
The safest approach for any firearm designation: treat it as a protected trademark unless you have affirmatively verified through a trademark search that it is not, and use the fictional-brand convention for any commercial content regardless.
Ballistic caliber designations
Caliber designations — "9mm," ".45 ACP," "5.56 NATO," "7.62x39" — are technical specifications, not trademarks. They identify the physical dimensions of ammunition and are common descriptors, not brand identifiers. Using a caliber designation in a mod item name or description is not a trademark issue. "Vantage Nine" uses "Nine" to evoke the 9mm caliber without naming a specific manufacturer's trademark.
Color trademarks and distinctive product appearance
Some trademark holders have registered specific colors as trademarks — when a color has acquired sufficient distinctiveness to identify a single commercial source. Examples include:
- UPS's brown delivery vehicles (registered)
- Tiffany & Co.'s specific shade of blue (registered)
- 3M's yellow Post-it color (registered in some jurisdictions)
For modding purposes: a modder who creates an in-game item with a very specific branded color scheme associated exclusively with one company — using that company's exact registered color in a way likely to cause confusion — could face trade dress or color trademark claims. This is an edge case, but it is worth awareness when designing mod item textures that reference real-world products with highly distinctive color identities.
Licensing as an alternative to the fictional-brand convention
A modder who genuinely wants to use real-world brand names in commercial mod content has a third path beyond nominative fair use and the fictional-brand convention: obtaining a license from the trademark holder.
Trademark licensing agreements can authorize a specific use of a mark in a specific context — for example, a license that permits "57 Studios™ to use the [Brand] trademark in connection with an Unturned™ mod pack sold on Tebex." Licensing provides explicit authorization and eliminates infringement risk.
Practical considerations for licensing:
| Consideration | Notes |
|---|---|
| Cost | Firearm manufacturer licenses often require royalty payments or flat fees; consumer brands vary |
| Process | Contact the brand owner's legal or licensing department; expect weeks to months for response |
| Scope restrictions | Licenses often restrict use to specific contexts, channels, and time periods |
| Content requirements | The licensor may require review and approval of the mod content |
| Termination risk | A license can be terminated; the mod must then be updated to remove the brand |
| Volume thresholds | Some licensors only engage with commercial partners above a revenue threshold |
For most modders, the licensing path is impractical for individual mod packs. The fictional-brand convention provides equivalent legal protection without the complexity and cost. The licensing path is relevant primarily for larger commercial studios that are producing branded content at a significant revenue scale.
The role of Steam Workshop tag policy in brand decisions
Steam Workshop provides a tagging and categorization system for published content. The tags a modder applies to their Workshop listing affect discoverability and also affect how Valve's automated systems and human moderators assess the content's compliance with platform policies. A Workshop listing tagged with a real brand name in the title or tags section is more likely to surface in searches conducted by the brand owner's legal team or by Valve's IP compliance function.
The 57 Studios™ Workshop publication practice avoids real brand names in listing titles, tags, and descriptions for commercial content. For free workshop content, descriptive language about weapon class and platform is preferred over brand name identification.
Recommended Workshop tag structure for weapon mod packs
| Field | Recommended approach | Avoided approach |
|---|---|---|
| Listing title | "57 Studios Tactical Carbine Pack" | "Glock 17 and M4 Carbine Mod Pack" |
| Tags | "weapon," "firearms," "tactical," "57 Studios" | Real manufacturer names as tags |
| Description intro | "A 57 Studios weapons pack featuring three tactical firearms modeled on modern military platforms" | "Authentic Glock and Beretta reproductions" |
| Item names in description | "Vantage Nine (9mm pistol), Eaglecrest Carbine (5.56 carbine)" | "Glock 19, M4A1 Carbine" |
| Workshop thumbnail | Original artwork with fictional brand marks | Real manufacturer logos |
The structured tag approach is more defensive, more consistent with the fictional-brand convention, and produces better long-term discoverability results because fictional brand names become the distinctive identifiers that players associate with 57 Studios™ mod packs rather than generic manufacturer names shared across hundreds of Workshop listings.
Community norm enforcement: what happens in practice
Outside of formal legal proceedings, real-world trademark enforcement in the Unturned™ modding community has historically taken the form of community norm pressure and platform policy enforcement rather than litigation. The practical risk for most modders using real brand names in free mods is not a federal lawsuit — it is a Workshop takedown following an IP complaint, or a community standards violation.
Understanding the practical enforcement landscape helps modders assess their actual risk:
| Enforcement mechanism | Likelihood for free mod | Likelihood for commercial mod | Typical outcome |
|---|---|---|---|
| IP complaint to Steam Workshop | Low | Medium | Content removal, possible account flag |
| IP complaint to Tebex | Low | Medium-High | Listing suspension, payment hold |
| Direct legal demand (C&D letter) | Very low | Low-medium (only large revenue) | Content removal demand |
| Federal lawsuit | Extremely low | Low (requires significant revenue) | Legal fees, injunction, damages |
| SDG community guidelines violation | Low-medium | Medium | Workshop removal by SDG request |
The fictional-brand convention eliminates all five enforcement risks simultaneously by removing the brand name that would trigger each mechanism.
Documenting your risk decisions
Regardless of which path a modder takes — nominative fair use for free content, fictional brand convention for commercial content, or licensing — documenting the risk decision at the time it is made is important. Documentation creates a record that:
- The modder assessed the legal question at the time of publication.
- The decision was made with knowledge of the relevant considerations.
- The modder did not act with reckless disregard for trademark rights.
Documenting a risk decision does not eliminate legal exposure if the decision is ultimately wrong, but it is relevant to the damages analysis in a trademark infringement case. Willful infringement (infringement with knowledge) enables enhanced damages under the Lanham Act; documented good-faith analysis works against a finding of willfulness.
The 57 Studios™ internal legal review process requires a brief written note for each commercial mod pack released, documenting the brand-name decisions made in the pack and the basis for each decision.
The 57 Studios internal brand decision record
For each commercial mod pack, the following record is maintained in the internal project documentation:
BRAND DECISION RECORD
Pack name: [internal pack name]
Release date: [planned or actual]
Author: [modder handle]
Decision date: [date of this record]
For each item in the pack:
Item internal name: [English.dat Name field]
Real-world reference: [for internal record only — not published]
Trademark analysis: [descriptive / generic / active TM / unclear]
Decision: [fictional name / nominative use / licensed]
Basis: [one sentence describing the reasoning]
USPTO search conducted: [yes/no — attach screenshot if yes]This record serves three purposes: it provides the team with a consistent naming registry, it documents good faith for any future legal analysis, and it ensures that fictional names are assigned consistently across mod packs that share weapon platforms.
Sector-specific trademark considerations beyond firearms
While firearms brand names are the most commonly encountered trademark question in Unturned™ gun mods, the game's item ecosystem covers other sectors with their own trademark considerations:
Food and beverage brands
Unturned™ contains food and beverage items (canned food, bottled water, energy drinks, MREs) that are commonly modded with realistic-looking labeling. The food and beverage sector has some of the most vigorously defended brands in trademark law — Coca-Cola, Pepsi, Red Bull, and similar major brands have dedicated trademark enforcement programs.
For mod items in this category, the fictional-brand convention is equally applicable: "Sparkwell Cola" instead of Coca-Cola, "Summit Peak Energy" instead of Red Bull. The visual design should similarly avoid trade dress that resembles a specific major brand's packaging.
Automotive and industrial brands
Vehicle mods and industrial equipment mods sometimes incorporate real manufacturer names. Automotive brands — Ford, Chevrolet, Toyota — are protected trademarks, as are industrial equipment brands (Caterpillar, John Deere, Husqvarna). The fictional-brand convention applies to these categories as well: a fictional truck brand name on an in-game truck mod follows the same analysis as a fictional firearm brand name.
Pharmaceutical and chemical brands
Some survival game mod items incorporate pharmaceutical or chemical brand references. These categories carry additional concerns beyond trademark: misrepresentation of pharmaceutical products can trigger regulatory issues in addition to trademark claims. The 57 Studios™ practice is to avoid any reference to real pharmaceutical brand names in mod content.
The long-term value of the fictional-brand convention
The fictional-brand convention does more than eliminate legal risk — it builds a distinctive brand identity for 57 Studios™ itself. When players associate "Vantage Nine" with a high-quality 57 Studios™ pistol mod, "Eaglecrest Carbine" with a reliable carbine platform, and "Sparkwell Cola" with polished environmental detail work, those associations accrue to 57 Studios™ as the author. Players who enjoy the content return to 57 Studios™ because they associate quality with the fictional brand, not because they recognize a borrowed real-world brand name that any other modder could use equally.
The fictional-brand convention also provides protection against future scope changes. Trademark law evolves, and enforcement postures change. A real-world firearm manufacturer that was not actively enforcing trademark rights in gaming three years ago may begin enforcement today. A 57 Studios™ mod pack that used fictional names from day one is completely immune to that enforcement posture change. A mod pack built on real brand names must be updated and republished at the cost of breaking community recognition of the product.
Fictional brands compound over time
When 57 Studios™ has used "Vantage Nine" across multiple mod packs and game contexts, the name builds recognition within the community. Players searching for the Vantage Nine mod find 57 Studios™ content. This is brand equity that belongs to 57 Studios™ — not borrowed brand equity that can be revoked. The fictional-brand convention is not just legal compliance; it is brand strategy.
Multi-platform distribution and trademark exposure accumulation
A commercial mod pack sold via Tebex and also uploaded to the Steam Workshop creates two separate distribution points for any brand-name content. Each platform has its own IP complaint mechanism, its own terms of service, and its own enforcement posture. A brand holder who identifies infringing content can simultaneously submit complaints to Steam's IP team and Tebex's abuse process, triggering parallel takedown proceedings on both platforms.
The exposure compounds further if the mod pack is promoted on social media, YouTube, or the SDG modding forums with real brand names in the promotional content. Each channel of distribution is an additional exposure point. The fictional-brand convention eliminates exposure accumulation because there is no infringing content to be identified regardless of how many channels the content appears on.
Distribution channel risk matrix
| Distribution channel | Brand name appears in | Risk if real brand used | Risk if fictional brand used |
|---|---|---|---|
| Steam Workshop | Title, description, tags | IP complaint → Workshop takedown | None |
| Tebex listing | Product title, description, cover art | IP complaint → Listing suspension | None |
| YouTube promotional video | Video title, description, thumbnail | DMCA or trademark complaint to YouTube | None |
| SDG modding forums | Post title, screenshots | Platform moderation action | None |
| 57 Studios social media | Post text, images | Brand mention → direct contact from brand legal | None |
| In-game item name | English.dat display name | Available to all players — widest exposure | None |
| In-game item texture | Logo on item surface | Copyright + trademark combined exposure | Fictional mark — no exposure |
Converting an existing mod to the fictional-brand convention
Modders who have published content with real brand names and who now want to adopt the fictional-brand convention for compliance or risk reduction purposes should follow this migration process:
Step 1: Inventory all brand-name uses
Audit the mod pack for every location where a real brand name appears: English.dat display names, .dat internal names, Workshop listing text, Tebex listing text, item textures, cover art, and promotional materials.
Step 2: Assign fictional names
For each real brand name identified, assign a fictional alternative using the naming convention described above. Update the 57 Studios™ fictional brand registry with the new assignments.
Step 3: Update asset files
Update all English.dat and .dat files with the new fictional names. Rebuild any textures that contain real brand logos or trade dress. Generate new Workshop thumbnails and Tebex cover art with fictional marks.
Step 4: Update platform listings
Update the Steam Workshop listing title, description, and tags. Update the Tebex product listing title, description, and cover art. Do not delete and re-upload — update in place to preserve community ratings and purchase history.
Step 5: Communicate the change to the community
Post a brief update note explaining that the mod pack has been updated with revised item names. Do not describe the legal rationale in a way that draws attention to the previous trademark risk — a simple "Updated item naming for consistency with the 57 Studios brand system" is sufficient.
Player save data and name changes
Changing the Name field in a .dat file changes the internal identifier used by Unturned™ for that item. This can break save data for players who have the item in their inventory. The GUID field should remain unchanged to maintain compatibility. Test the updated pack against existing save data before publishing the update.
Summary: the trademark-in-mods decision tree
The following decision tree consolidates the guidance in this article into a single reference for modders making brand-name decisions:
This decision tree produces a conservative output because the fictional-brand convention eliminates uncertainty entirely. Modders who follow the tree will never face trademark exposure in their commercial content and will have a defensible nominative-use basis for any remaining real-name references in free content.
Frequently asked questions — extended set
Does using a real brand name in a mod description (not in the item name itself) still create trademark risk?
Yes, if the description is part of a commercial listing. A Tebex product description that says "Authentic Glock 17 reproduction" creates the same likelihood-of-confusion analysis as using "Glock 17" as the item name, because the description is part of the commercial offer being made to the consumer. Use descriptive language instead: "polymer-frame 9mm pistol" accurately describes the platform without a trademark reference.
Can I use a real brand name in a non-commercial mod if I change one letter?
Altering a mark slightly does not avoid trademark infringement if the altered version is still confusingly similar to the original. "Glck 17," "Gl0ck 17," or "Glock-17" are all confusingly similar to Glock. Confusing similarity, not identity, is the standard. The fictional-brand convention uses genuinely different names, not slight variations on real marks.
Is it safer to use a real brand name if the brand is in a different industry from gaming?
Trademark rights are class-specific for registration purposes, but likelihood-of-confusion analysis can cross classes when the marks are similar and the goods are related. A firearm manufacturer's Class 13 trademark is considered related to a gaming product featuring that firearm, because the consumer association between the gun and the brand exists regardless of the different product classes. The cross-class connection does not eliminate trademark risk; it complicates the analysis without resolving it favorably.
What if the brand holder has posted publicly that they do not mind modders using their name?
Informal public statements by brand holders — social media posts, forum comments, statements in interviews — are not licenses. A license is a formal legal document that grants specific rights in specific contexts. An informal statement can be withdrawn, misquoted, or misunderstood. If a brand holder's informal tolerance is the only protection a commercial mod has from trademark claims, that protection is fragile. The fictional-brand convention does not require the brand holder's tolerance.
How does 57 Studios™ handle translations of mod pack names in other languages?
The fictional-brand convention applies to all languages in which mod content is distributed. A mod pack distributed with English, French, German, and Spanish localization files should use fictional brand names in all four language files. The legal analysis does not change based on the language of presentation.
What is "trade name" and how does it differ from "trademark"?
A trade name is the name under which a business operates — "Smith & Wesson" as a company name is a trade name. A trademark is the mark used on specific goods or services — "S&W" as the mark on a revolver is a trademark. Both can be protected, and the distinction matters primarily in registration terms. For modding purposes, using either the trade name or the specific product trademark of a real company in commercial mod content presents similar risks.
Can 57 Studios™ register its fictional brand names as trademarks?
Yes. Fictional brand names used in commerce are registrable trademarks if they are sufficiently distinctive. "Vantage Nine" used consistently in 57 Studios™ commercial mod packs constitutes use in commerce in the gaming space (Nice Class 28). As 57 Studios™ commercial activity grows, registering key fictional brand names as trademarks is a mechanism for protecting the brand equity that the fictional-brand convention builds. This is a long-term consideration rather than an immediate operational requirement.
How should I handle user-generated content that uses real brand names in server contexts?
Server operators who run 57 Studios™ mods on public servers are responsible for their own compliance with applicable law and platform terms. 57 Studios™ cannot control what content server operators add to their servers beyond the content included in the mod pack itself. The mod pack's item names will follow the fictional-brand convention; any additional content added by server operators is the server operator's responsibility. 57 Studios™ terms of service for mod pack use should clarify this boundary.
Cross-references
- Tebex and Commercial Monetization — the previous article; commercial mod sales context.
- Reverse Engineering and Decompilation — the next article; legal status of decompiling Unturned assemblies.
- Steam Workshop Submission — Workshop publishing requirements that interact with brand use policies.
- Gun Mod Tutorial — the primary weapon mod authoring guide; uses fictional naming conventions throughout.
Best practices checklist for commercial mod brand compliance
Before publishing any commercial mod pack via Tebex or a paid server offering, complete the following compliance checklist:
| Check | Verified |
|---|---|
| All item display names in English.dat files use fictional brand names | — |
| All .dat Name fields use fictional brand names | — |
| No real-world brand logos or trade dress reproduced in any texture file | — |
| Tebex listing title uses fictional brand names or generic descriptors | — |
| Tebex listing description uses descriptive language, not real brand names | — |
| Workshop listing title uses fictional brand names or generic descriptors | — |
| Workshop thumbnail does not display real brand logos | — |
| All fictional names checked against the 57 Studios brand registry | — |
| New fictional names verified via USPTO/EUIPO search before finalization | — |
| Brand decision record documented for the pack | — |
| All contributors have acknowledged the brand compliance convention | — |
| Promotional materials (YouTube, social media) use fictional brand names | — |
Completing this checklist before publication ensures that the commercial mod pack has no trademark exposure at the point of release. The checklist should be preserved with the project documentation as evidence of good-faith compliance review.
Document history
| Version | Date | Author | Notes |
|---|---|---|---|
| 1.0 | 2025-05-18 | 57 Studios | Initial publication. Trademark-in-mods framework, nominative fair use, fictional-brand convention. |