Not only that this issue with NG has been going on since ... 2003-2004 hasn't it?

At least...

There were lawsuits against plastic model makers, die cast makers, and the latest one I know about was launched against EA for the inclusion of the AH-1Z Viper helicopter in Battlefield 3.

It's not just N-G but it applies to us because of what went on in the past.

Folks have suggested implementing facsimiles like "Gormann Revenger" to get around the litigation wall. Unfortunately, that would compromise IL-2's reputation and responsibility to serve as an educational tool.

As far as I am aware, there's nothing stopping other modders from making pits to some of these aircraft. It would be nice if they were of the same consistency and quality as DT's stuff.

Exactly. The best argument for mods is that "crowd-sourced" copyright violations defeat unjust copyright/trademark laws since there are no obvious players or "deep pockets" for the corporate lawyers to take down.

The only problem is that TD is arguably the best modding team out there, so it's hard for other modders to reach their standards.

Not always. DT often work with other individuals and groups in order to get content included in the official release.

Any news/updates for 4.12?

I think the case was actually a pre-emptive one by EA against the manufacturers to cease their trademark claims. I wouldn't be surprised if it was subject to an out of court settlement to prevent a precedent being created.
But perhaps a precedent already exists?

Actually, the case you cite isn't as applicable, since it concerns an individual's right to control his own image as opposed to a company's right to control its trademarks (and "trade dress" - basically, the appearance of a product or packaging, like the yellow border around the edge of National Geographic magazine).

In the current U.S. political climate, courts are more protective of corporate trademarks than images of public figures. If you think about it, if any public figure could sue to get images of them removed, it would completely shut down political satire among other things.

The people who are screwed by this precedent are the estates of famous dead people, like Elvis Presley and Marilyn Monroe - and just as well since they're the original "trademark trolls."

I think that you're right that Textron settled out of court with EA to avoid losing the case and setting a precedent. EA is big enough that it can go toe to toe in a trademark fight and Textron isn't as big a company as N-G.

Anyhow, it's moot as regards N-G/Ubisoft agreement. Also, even if there were a precedent overturning the sort of trademark trolling that N-G engages in, I doubt that either 1C or Ubisoft would want to waste legal billing hours trying to overturn an agreement for a 10-year-old game.

So, still no N-G products for IL2!

Wow, someone with a sense of irony! ;)

Bring on 4.12 !!! :)