Chris > On Thu, 2011-03-03 at 09:43 +0000, Vivian Meazza wrote: > > I'm going to set you all a simple multiple choice test - pay attention > > because I'm only going to say this once: > > Okay, now it's my turn. Please answer the following: > > 1. Is there a difference between a trademark and a copyright? > > A. Yes > B. No > C. It doesn't matter because we should be able to ignore either of them > and include well-known logos on aircraft liveries if we want.
A. There is a very great difference, at least in the UK. In turns out that Trademark protection is really quite limited. For example, the Cessna trademark (word and logo) is registered only in Class 12. We would be able to use Cessna in Class 9. Just like Polo (a sweet) and Polo (a car). Copyright of the logo - different question. "Well known" or not doesn't change the equation. Interestingly, Red Bull was once refused an injunction in the US against a fizzy drinks company marketing a drink called Bullshit. http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/ Red Bull Trade Mark is Bullshit.htm Which made me smile (yes, I'm easily amused) and perhaps sums up Red Bull's corporate behavior pretty well IMO. > 2. Another flight simulator (X-Plane, MSFS, whatever) includes > trademarks in their liveries. Therefore... > > A. It must be okay to do this because *they* do it. > B. Even if it's not okay, we can do it because *they* do it. > C. It really doesn't matter what they do. What matters is what *we* > do. A and B. Precedent is important. If Company A does not pursue Company B for unlicenced use of their trademark or copyright then it is reasonable to assume: a. Company A doesn't care about such unlicenced use, or indeed might see it as free advertising Or b. Company B is not, in fact, infringing that trademark (see Cessna above) If we are in exactly the same business or class as Company B and we are sure that the use is in fact unlicensed, it is also reasonable to assume that we will get the same treatment. > 3. Scenario: It's against the law to drive 60 mph (100 kph) in a 30 > mph (50 kph) zone. I drive 60 mph in a 30 mph zone but I always: (a) > make sure there are no police around, and (b) don't ask the police if I > can do this. Which of the following statements is true? > > A. It's only wrong to drive 60 mph in a 30 mph zone if you hit > something or run over somebody. > B. Because I didn't ask permission (and so I couldn't be told I > couldn't do it) and because no police are around, it is now okay to > drive 60 mph in a 30 mph zone. > C. No matter what, it's wrong to drive 60 mph in a 30 mph zone. D. It is however tacitly accepted that it is OK to drive at an _indicted_ 79 mph on UK motorways (the unwritten 10% + 2 rule). Same as the answer above. > 3. Scenario: The FlightGear Project decides they will only distribute > aircraft with liveries containing trademark icons if the trademark owner > grants permission. This means there are very few liveries containing > trademarks in the distribution package. However, anyone wanting to have > liveries with trademarks can easily obtain them by Googling "flightgear > liveries" and then going to a multitude of independent sites that have > livery repositories. Which of the following statements is true? > > A. That will spell the end of the FlightGear Project > B. That would work > So we would have to ask our users to add dodgy liveries to our AI aircraft? If they are classed as "FlightGear Liveries", and we take no steps to object to other websites use of our name/logo, could we not also be guilty of a infringement of the law by association? I don't know, I haven't researched it, but shoveling a problem around is not solving it. It would certainly lead to fragmentation of the project, but I think that's already happening to a certain extent. Not really a good idea. Personally, I don't care if I never see another airliner in FG, but there are others who do. Hmm, all thought provoking, and stimulated more research, Thanks, Chris Vivian ------------------------------------------------------------------------------ What You Don't Know About Data Connectivity CAN Hurt You This paper provides an overview of data connectivity, details its effect on application quality, and explores various alternative solutions. http://p.sf.net/sfu/progress-d2d _______________________________________________ Flightgear-devel mailing list Flightgear-devel@lists.sourceforge.net https://lists.sourceforge.net/lists/listinfo/flightgear-devel
