On Sat, 26 Jun 2010 12:17:23 -0500, Jim wrote in message <aanlktimff3jaovv3funumvxh3cl-qpm5qf4uufw1b...@mail.gmail.com>:
> Use of trademarked logos on liveries may possibly fall under > nominative fair use, assuming they are accurate, as depiction of the > trademarks are necessary to depict a publicly visible plane. To > quote wikipedia with my own comments in brackets, and randomly using > American Airlines as the example: > > The nominative use test essentially states that one party may use or > refer to the trademark of another if: > The product or service cannot be readily identified without using the > trademark (e.g. trademark is descriptive of a person, place, or > product attribute) [It is impossible to depict an American Airlines > plane without an accurate AA livery] > The user only uses so much of the mark as is necessary for the > identification (e.g. the words but not the font or symbol) [The > livery is accurate to what AA paints on their own planes, which are > readily visible as a 'real-life' thing that anyone can see, and we > simulate] The user does nothing to suggest sponsorship or endorsement > by the trademark holder. This applies even if the nominative use is > commercial, and the same test applies for metatags. [Since FG has > _many_ liveries and isn't just, say, an American Airlines simulator, > no reasonable person would believe sponsorship or endorsement by the > airlines whose liveries are recreated in the simulation] > > At any rate, that only applies to U.S. trademark laws, so mileage may > vary. At any rate I'd think we have fair use of trademarks on > airliner liveries, so long as they are accurate. I think you'd run > into trouble if you made up an 'imaginary' AA livery. ..no, the fair use clause specifically allows satire, humor, news reporting, political mockery etc, as free speech, which makes it a nice good deterrent of "big biz bullying." ;o) It appears I've been in such litigation for 5 years now. ;o) -- ..med vennlig hilsen = with Kind Regards from Arnt... ;o) ...with a number of polar bear hunters in his ancestry... Scenarios always come in sets of three: best case, worst case, and just in case. ------------------------------------------------------------------------------ This SF.net email is sponsored by Sprint What will you do first with EVO, the first 4G phone? Visit sprint.com/first -- http://p.sf.net/sfu/sprint-com-first _______________________________________________ Flightgear-devel mailing list Flightgear-devel@lists.sourceforge.net https://lists.sourceforge.net/lists/listinfo/flightgear-devel
