Quote:
Originally Posted by Asheshouse
But perhaps a precedent already exists?
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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!