thanks for the feed back, i sent EA a email regarding the matter if they give me permission to use it ima be one happy camper... if not meh rules are rules and we gotta follow em.
[edit] After reading the rest of that it really is a grey area and im not up for fighting in court just because i want something for atmosphere. no way. if the copyright department of EA tells me no then im just gonna drop it and move on to the next thing. if i cant use the marker then... some other strange atrifact looking stone i think i can make just as well. its also good practice in blender.
i will have to wait and see, also you put alot of effort into helping answer my question i thank you for your effort you where very helpful ^.^