Hi,


> Or maybe Company A hasn't yet noticed that Company B is
> using the
> trademark without permission?

I doubt that!
X-Plane is very well known already, much more than FlightGear. Austin has 
laywers, he certainly knows what he is allowed to do. (on the contrary to us! 
;-))

> 
> LOL!  No fair adding answers!  ;)  Btw,
> while 99.9% of the time the cops
> will "look the other way" for speeding just slightly above
> the posted
> limit, it's *still* against the law and you *could* get
> pulled over and
> at least get a warning.  So, no, "unwritten rules"
> don't change the law,
> they just change how the law is enforced...  two
> totally different
> concepts.

What Vivian wants to say is, that there is certain degree of margin.
Or do you want me to tell you are able drive exactly 55mph 100% exactly without 
tempomat anytime needed?

The fact is: there are some "Trademarks" which can be used without any 
problems. "Police", "Post" or "Red Cross" and a lot of others. 
I know one company which even put up a detailed set of their paint scheme 
including their Trademark for Download just for modelers.


> 
> I don't accept that having an aircraft that doesn't include
> a trademark
> on the livery makes that aircraft (or livery)
> "dodgy."  Personally, I
> don't fly an aircraft because of the livery it has but,
> rather, because
> I like the way the aircraft flies.  I know there are
> those who say that
> the FG Project will be "ruined" if we don't include
> trademarks in the
> liveries, but personally I doubt that would be the case.


If you would take a look into the forums of FlightGear, X-Plane, MSFS you would 
see that it is very popular to repaint aircrafts and that it is very attracting 
to fly their "own" aircraft.
There is high number of payware addons companies who certainly don't pay any 
fee because they use any trademark for a livery.


Ever heard of this sentence? "An aircraft which looks good and pleasant, also 
does fly like that" 
Of course mostly of their shape, but often the painting completes their 
well-designed shape.

We have people flying aircraft in FGFS due to their flight behavior.
We have people flying aircraft in FGFS due to their nice modelling.
We have poeple flying aircraft in FGFS due to both.

You have to acceppt that there are more people involved than just you. 
And yes, I fear also that we may loose attraction compared to other sims when 
we start to delete liveries with any trademark.


> And, finally, if it's really the case that FG simply *must*
> have symbols
> on our aircraft liveries, what's wrong with *make believe*
> icons?  Is it
> *really* such a "disaster" if we don't have Red Bull,
> Macdonalds,
> Guinness, United Airlines, TWA, or any other trademarked
> symbol on our
> aircraft?  Frankly, i think not!

What's wrong with *make believe* icons? Depending on the owner of the real icon 
it can be that you still be sued for.
There have been a lot of examples (especially Red Bull) like that. Juist google 
for "Blue Bull".


The fact is- no one, not you, not me, not anybody here does really know what we 
may, and what not.

I discussed this issues with Oliver Off-list, and he pointed to me that we may 
have use in germany some trademarks just because they are part of the daily 
life. So it would be possible to use "Lufthansa" without any problems. And 
indeed: they just don't like VirtualAirlines with their name, but don't mind 
any repaint. 
And there are some examples more.

Trademarks not of the daily life (like Red Bull) can't be used that easily. If 
someone wants still to use it, he is in the risque to be sued.


Of course, this is in germany- how it is in UK? or in australia? In russia?
Even in each country the different courts may decide different on the same 
issue.


I can can only follow John Holden's statement: we should make us aware of what 
we are allowed to and what not. What are our rights?

Cheers
Heiko









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