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[ashofphenix]

Hi, folks!

I am a 3d artist, and want to design some 3d models of a Lockheed P-38 Lightning, the famous twin engine fighter from World War 2. Once I model the plane, I'd like to render some images for use on my website and potentially give them away (doubt I could find a market to sell them).

First, I assume it is possible to trademark the design of a plane, especially one as unique as the P-38. I would think that a patent may have existed for the design too, and has certainly gone into the public domain since the plane was designed in the 1930's.

Any advice? I have found P-38 images and models all over the web, but that doesn't mean they are legal.

Thanks!

Mitch

[JohnDodge]

If I'm reading this correctly, you want to assume control over the design apects of a P-38 which you probably have no connection to the design team in the first place, and shoulnd't get any royalties for, which would effectivley let you ban anybody from making P-38 models, or for that matter, reconstructing the P-38 in it entirety?
 Sorry to be so blunt, but that's like trying to trademark the Model T.  Yes, it was unique in it's day.  But did you create it?  No.
 I'm still waiting for someone to trademark a circle and screw the entire automotive industry.
 

[ashofphenix]

I think my question has been missed, my fault. I am not trying to trademark the P-38. I am asking, in a general way, if it is possible to trademark the design (look) of an aircraft such as the P-38. The reason I need to know? I want to render some images of a P-38, but do not know if I am infringing on someone's trademark. If it isn't possible to trademark the design (look) of an aircraft, I believe I can proceed without legal issues.

Mitch

[JSonnabend]

Mitch -

I think John missed the point of your post entirely, and from his analysis, I gather he is not an IP attorney.  The questions you raised are good ones.

First, the patent issue is a non-starter, I believe.  The aircraft has been in public use for decades, and so any patent protection on it is either long-ago expired or barred under 102(b).  Besides, the patents in all likelihood would not affect  non-functioning models of the aircraft.

The copyrights on the design may still be in effect, and the case law on copyrights of buildings may be instructive.

On the trademark front (trade dress, really), someone could conceivably claim the design as trade dress, but that's remote in my estimation.

I think the bottom line is that your exposure is minimal.  The real questions are, who is likely to come after you, how likely are they to do it, and what would be the measure of damages?

- Jeff

[JohnDodge]

I think my question has been missed, ..... If it isn't possible to trademark the design (look) of an aircraft, I believe I can proceed without legal issues.

Mitch

Ok, that I can understand.  I was taken aback a bit having been irritated earlier in the day when I learned that a friend was served an infringement notice for something another company registered but did not create....the shortened term for "Patent Applied For" which had been made famous in the 1960's. Now he can no longer refer to his product as being that style, and neither can I

[JSonnabend]

Now he can no longer refer to his product as being that style, and neither can I

John, if this issue is really important to you, I suggest you and your colleague speak to an IP attorney.  I don't think your analysis is correct.

- Jeff