[simpits-tech] Web site registeration issue using F16 plane name

Sun Aug 5 00:06:02 PDT 2007

That's a pretty good post there Jim, thanks for the info.

  I know when I formed my LLC, part of my business plan was to lease out the sim for special events...much like what Justin and those guys do at air shows.  I'll be careful to fly under the radar for these types of events.  I doubt, however, that I would be a big enough fish to fry.

  Jay

Jims Parambus Account <jimsturs at parambus.com> wrote:
        v\:* {behavior:url(#default#VML);}  o\:* {behavior:url(#default#VML);}  w\:* {behavior:url(#default#VML);}  .shape {behavior:url(#default#VML);}                Hi All,

  this is certainly true with certain aspects of aircraft manufacturers brandnamed products.

  A few years back I was involved with a company that was designing commercial 
  Boeing 737 simulators. It was at this time that we found out the legal implications
  of this project.

  As far as Boeing is concerned, you may NOT use either the Boeing name, nor the 737
  number if related to any product type that is representative of the B737 series; IF this is
  for commercial purposes. If you wish to do this, Boeing will very kindly SELL you a
  Commercial License for the names and will also provide you with a DATA-PACK giving
  all the information about the specific aircraft that you will ever need for constructing a realistically
  responsive simulator. This is very nice of Boeing. However, the down side is that this
  license will cost you approx $1,000,000.- (one million dollars). The company paid this
  and are now successfully producing B737-800 sims for about $7,000,000.- a pop.
  The license and data-pack are on a per aircraft-version basis. If you want to produce a different
  aircraft in the series, you have to pay a separate fee for this. 

  I would not be surprised if a similar situation exists with other mainline manufacturers.

  The way that this affects our community is basically, you can probably get away with
  constructing your own B737-xxx simulator for PERSONAL USE without any hassle. You
  may run into problems if you try to sell this unit openly with the Boeing/737 name attached
  on somewhere like eBay. This then makes it COMMERCIAL. I already know of one eBay
  item a while back that ran into trouble because it was described as a 737 simulator.
  Legally, even if you build a sim and take it to an exhibition, you are not allowed to have the name
  Boeing or 737 on any labels or parts in the simulator. You can probably get around this by
  saying that the sim is a generic twin-engined jet airliner simulator based on the B737. Most
  of the time you can get away with using the brandnames anyway as what we mostly do is
  described as a hobby. but if you decide to expand and start making money out of it, remember
  that these legal aspects do not just go away. It all depends whether the aircraft manufacturers
  consider you a nuisance enough to take action.

  The real trick is to keep a low profile (fly under the radar) and not get noticed. The company 
  that was going to produce commercial simulators is very obvious and had to follow the Boeing
  requirements. Small fry (simmers) that are not going to eat into any of Boeings customer base
  etc, will probably be OK even if they are using the brandnames.

  One thing to remember, Boeing has a lot more legal staff than probably most of us can afford
  to go up against.

  Sorry about the long diatribe, but many people do not realise the real legal situation.

  Unfortunately, I cannot say how this affects website names and other uses, (this comes under local
  country copyright and trademark laws) but I thought that our community should be aware of the major
  aspects of our situation.

  All the best,

  Jim.

---------------------------------

  From: simpits-tech-bounces at simpits.org [mailto:simpits-tech-bounces at simpits.org] On Behalf Of kevin at simdeck.com
Sent: 05 August 2007 01:16
To: simpits-tech at simpits.org
Subject: [simpits-tech] Web site registeration issue using F16 plane name

    Hi Folks

    I posted this entry earlier but not sure if it went thru as I received an error message...

      A number of you own web site domains that contain names relating to craft owned (trademark) by the major aviation companies.

    I am the owner of www.f16simulatorscom This past week I was contacted by lawyers in Newark for Lockheed Martin asking me to relinquish the domain to them or let it expire in a few years without making use of it. They sent me 5mb of trade mark registration documents where F16 has been registered in many jurisdictions around the world proving ownership in the F16 trademark.

    Stating that my ownership of a web site that includes F16 in relation to a product registered in law is a use of their trademark without their permission.

    Has anyone ever had a similar approach. I must admit I am puzzled why I have been targeted when I see so many others out there containing F16, F15, 737 etc in all types of iterations.

    I have been asked for a reply and action within 30 days.

    Has anyone else had a similar issue to deal with?

    If you do a whois search you’ll see I am based in Auckland, New Zealand

    Anyone wishing to talk off offline feel free to contact me. 

    Regards

    Kevin Andreassend

    kevin at iceav.co.nz

    www.iceav.co.nz

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