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

[Rob Hommel]

The word combination f-16 is a word or type mark according to the USPTO (United States Patents and Trademarks Office. The Patent office is going to be given a severe make over in the near future thanks in part to lawyers and companies filing for patents and trademarks in which they do not even own. The trademark F-16 has 22 different trademarks at this time some of which(five I believe) are at this time dead. The type mark F16 has 5 total type or word marks of which 2 are dead. Lockheed Martin has filed specific word marks and their usage, none of which currently show an aircraft, there is one for a game, at least two for hats and t-shirts. A review of the US Patents and Trademarks site should give you some indication as to if they have a valid claim upon your usage of the "trademark". There is no trade mark or word mark for the usage of "f16simulators", or "f16simulator".

There are currently 6,530,000 web pages using the f-16 combination most of which I suspect are not owned by Lockheed Martin. How much dilution of the trademark do you think you have contributed. That is part of the argument that the lawyer will have to make in a legal case that your usage dilutes the value of their trademark. I am not even convinced they have the right to the f-16 trademark as Gene pointed out it is a US military designation. This should place it into the public domain, as I understand US law, and I am not a lawyer, consult one.

Several years ago the film company Paramount Picture aggressively fought all comers on the usage of the word mark "STAR TREK". They managed to alienate their fan base in their effort to protect their trademark. Paramount has since greatly reduced their efforts in this pursuit. Lawyers learn from other lawyers and when they see an avenue for easy money they will go for it, like sharks drawn to blood. The trademark lawyer is the modern day equivalent of the ambulance chaser. 

You are asking yourself can they sue me, the answer to that question is yes, they certainly can. The answer to that question is ambiguous can they win, maybe. How much will it cost, how much have you got. How much effort is this for the lawyer, none. 

I suspect that the aircraft as it is being phased out means that they are currently looking for alternative sources of income. 

Consult a lawyer. 

Keep 'em Flying
Rob Hommel

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