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Old 09-04-2018, 02:14 PM
badatflyski badatflyski is offline
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Quote:
Originally Posted by Pursuivant View Post
IANAL, but many of the grounds on which N-G claims trademark seem very dubious. It seems like N-G is doing to model companies and computer game makers what patent trolls are doing to software developers and scientists. They're making broad and dubious IP claims, threatening to sue, and revoking their threats after the defendant pays a "licensing fee." Basically, it's legal extortion.
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thread revival
You're right, there are dubious claims ....
I took a little dive into all this TM/Copyright domain last weeks as i needed it anyway for my potential futur project.

Lets start again Trademark vs Copyright (short version)

Trademark is the right to be the owner of a "Name"-"Mark" -"Logo" in a certain domain. You may register the "Name" in several classes (domains) listed under the Madrid Treaty. That gives you the right to be the lone user of this particular "name" in a "certain domain"

Copyright: gives you the "artistical" ownership of something: music, paintings, photos, text, technical drawings (in our case the form of aircrafts determined by the technical drawings) .
Wont discuss the Patents here as this is purely related to the technical aspect of things.

Trademarks are alive for a 10years period and must be renewed on time.

Copyright are actually alive for 70years (lisbonne treaty?) but it seems (got to dig deeper) that Copyrights in US were applicable 28 years (not70) until 1978.
In BOTH cases, with the old and the new system the copyright on WWII airplanes has ended.

So, that leaves us with the trademark only.
If you look at the WIPO database, you'll see funny things happening from the early 2000's.
What interest us here, in the WIPP db is the NICE Class n°9 that is related to software=>video games=simulation.

Let's take a look at the "P-51 MUSTANG" in CLASS-9
Our Dear BoinBoing (just not to name them) predators trademarked the following:
"P-51" TM n° 002005106 18/12/2000

But-but, put a plate in your trousers cause they also trademarked the" P-51 MUSTANG" TM n° 102001000009473 (13/03/2001) --n°001157726 29/04/1999.

The same situation is for NorthGreedman and LocktheMartin.
They Trademarked the full names and parts of
F4F+F6F are TM'ed, "Hellcat" and "Wildcat" areTM'ed, F4F Wildcat and F6F Hellcat are TM'ed.

I didn't know people may TM gouvernemental denominations

Anyway, those Companies may go after you only for the Trademark not the airplane design.
What gives the possibility to simply not use the real name but something like this:AFP-51 Mustang...(AF for Air Force).

With those good news, how will the do with the futur BoS-Bodenplatte? Will they pay for the licence? or will we see the return of the "Oleg vs NG"?
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