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MrLuke
WWII Bomber: "Trademark Infringement"
April 3, 2008 5:27pm
WWII Bomber: "Trademark Infringement"
April 1, 2008 7:13am
I'm not an attorney, but a glance through the U.S. Trademark website clears up a few things.
The whole thing is whacked:
Lockheed Martin filed for a trademark on the name "B-24" for "Scale Model Drawings" pertaining to that name in 2001. I can't blame Turbosquid for bowing to a cease and desist order from a major corporation and the DMCA, even if they are completely off base - which they are. Even if completely wrong, Lockheed Martin has the resources to throw a battery of lawyers at Turbosquid and the ensuing litagation could potentially put them out of business. The quick way around this would be to simply call the 3d model "B24" or "B24 Liberator" or "Consolidated Liberator", titles which by the letter of the law Lockheed has no claim over. You can look up their patent and all the relevant papers on the US Trademark site (It's listed under "B-24", US Serial No: 76232526 ). It is utter BS that the DMCA would be called into play here and everyone should be raising hell about it. It's also pretty snakey and low that a major corporation would trademark a name created by a defunct competitor (Consolidated) regarding an aircraft that ended production 63 years ago. By the way, the trademark can be contested via the US site if anyone's feeling ambitious. I'd also be interested to find out exactly what the Patent Codes mean (IC 028, US 023, 024, 050, etc.)
My 10 cents
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For the record, I did run this by our corporate attorney in our office and he gave me a concise breakdown on the differences between patents, trademarks, and copyrights. He also said the cease and desist order from Lockheed was complete BS and a typical example of a big corporation waving a big stick without a legal leg to stand on, just to scare the crap out of companies like Turbosquid. As I thought claiming a trademark infringent in this manner has no legal basis and could easily be circumvented regardless by calling the model "B24", or B-24 Liberator, etc. What surprises me is that Turbosquid's Attorney didn't respond as such to this right off the bat.
Ford is a different matter as they own the patents, trademarks and copyrights on the their product, though someone should respond to them and let them know that their competitors have no issue letting their 3d models in the marketplace.