Actually there is a type of "fair use" for trademarks. It's called "Nominative Use": http://en.wikipedia.org/wiki/Nominative_use. For some discussion of the topic as it relates to videogames you might read this blog entry: http://www.igda.org/ipr/archives/2006/02/i_a_trademarks.html.
Essentially there's a lot of grey area. If you use the logo and they sue you though, you'll have to *defend* that grey area in court, and that's probably not worth it. Ask politely and see what they say. You might just have to include a disclaimer in the legal that says "The Eurocopter logo is a Registered Trademark of... blah blah blah". If they say "yes" keep a copy of the letter. Lorne -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Heiko Schulz Sent: Monday, May 07, 2007 11:51 AM To: [EMAIL PROTECTED]; FlightGear developers discussions Subject: Re: [Flightgear-devel] Intellectual property rights,trademark rights vs. GPL ?? Hi, Yes, that was my thought. The problem is: Eurocopter is very hard in such things. I heard from other people, that they only will send you the list for liscens fee. That would mean that there is no chance for a GPL-version. Hmmm....So I have to keep out the Eurocopter-Logo.... Greetings HHS P.S.: >But INAL, -->?? --- Christian Mayer <[EMAIL PROTECTED]> schrieb: > I doubt there's something like fair use - either > it's allowed (by the > trademark owner) or not. > > What might look like fair use most probably only > shows that the > trademark owner doesn't know it (how should he? we > are not that big > yet...) - or he doesn't care (I've heard that this > might result in a > possible loss of the trademark in some countries...) > > So this only leaves the possibility to ask kindly > for permission > (perhaps the PR department) - and sensible companies > will allow this > cheap marketing for them... > > But INAL, > Christian > > Rob Oates wrote: > > I suppose since we are not using their logos for > commercial gain it > > would fall under fair use? > > However, we could simply use fictional airline > logo and markings to > > avoid any possible trademark issues, and then > separate the airplanes > > with company logos into a different branch. > > Anyways it's just a thought. > > -Rob ------------------------------------------------------------------------- This SF.net email is sponsored by DB2 Express Download DB2 Express C - the FREE version of DB2 express and take control of your XML. No limits. Just data. Click to get it now. http://sourceforge.net/powerbar/db2/ _______________________________________________ Flightgear-devel mailing list Flightgear-devel@lists.sourceforge.net https://lists.sourceforge.net/lists/listinfo/flightgear-devel
