Use of trademarks on trainz objects

[Frank_Dean]

The use of trademarks, specifically their logos on objects, billboards, facades of buildings or industries, could it give rise to legal problems?
Business logos could be modern, old or obsolete.
I refer as an example to these logos of the oil industry:
Shell, Esso, BP, Texaco, Gulf, Aral, Standard, Repsol,.....etc
I have seen that some objects and freight cars housed in the DLS have these commercial logos.

 

[pware]

This is an issue that has come up in the distant past. Legally, any logo, unless otherwise stated, is copyrighted and cannot be used without the owners permission. So placing the Shell logo on your reskinned tanker car, or the "Golden Arches" on the side of a building, are copyright violations.

However, many organisations (and I have no idea of the policies of the two I have mentioned as examples) will not mind the free publicity and will see the use of their logo in a computer game as "spreading the brand name". Some corporations are well known for paying movie studios to place their products in full view on the big screen (a well known computer and mobile device manufacturer for example).

When this issue was raised (if I can recall correctly) someone did point out that at least one large US Railroad was very quick to send out "cease and desist" letters to anyone who used their logo or name without their written permission. While I have not heard of any Trainz creator getting such a letter I don't think you could assume that Trainz is such a small niche market that they wouldn't bother.

There could be some wisdom in taking the view "don't ask, don't tell" and do not draw attention to yourself by asking for permission. But not asking has its own risks.

The ultimate answer would be a case by case situation.

My (non-legally binding) thoughts.

 

[robd]

Image may be subject to copyright!

Rob.

 

[Frank_Dean]

An example of the type of object for Trainz I'm talking about. It may not be a 100% real object that exists or has existed, but the logo is taken from images that anyone can find on the Internet.
Non-definitive example:

 

[pware]

Most jurisdictions have a "fair use" clause in their copyright laws, otherwise TV shows and news reports, newspaper photos, etc could be sued for incidentally showing a logo in the background, on a passing vehicle, etc. I suspect (without any legal knowledge) that if the logo is not being displayed for profit (which raises the question of payware) or as a means of attacking or otherwise harming the brand, then I think you ***may*** be able to use the fair use argument - but no guarantees.

 

[Forester1]

I suppose as long as no one is making a profit from their image. But that does raise the question of use in payware assets and routes.

 

[JCitron]

When this issue was raised (if I can recall correctly) someone did point out that at least one large US Railroad was very quick to send out "cease and desist" letters to anyone who used their logo or name without their written permission. While I have not heard of any Trainz creator getting such a letter I don't think you could assume that Trainz is such a small niche market that they wouldn't bother.

That's what Audie Moore thought. The Union Pacific went after a 14-year-old and shutdown his website.