Yes well .. there were the Morrowind light sabres, so I wonder how they got around the legality of that? Nobody ever said they were illegal that I ever read - hope not, I had quite a few in one of my mods.
Why not however, design something similar of your own looks, as Jack Cloudy seems to be suggesting. Make it uniquely your own and call it by your own title. Then no one can say anything about plageurism, but only how creative you are. If you are going to use an existing sword model in the game, I think people achieve those moving fiery effects on the gamma level of the model. Does anyone know if that is correct? Anyway, there are programs designed to assist you in adding the moving ethereal/fiery/etc. effects to the models. One of the coolest swords I ever downloaded was a supposedly "crying sword" and you could actually see it dripping water at its tip - very cool.
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