airgalileo Posted August 29, 2013 Report Share Posted August 29, 2013 Hi all, what are the legal requirements to make a real related virtual airline? Modifying some parts of the name is possible to skip them? THANKS LORENZO 1 Quote Link to comment Share on other sites More sharing options...
Administrators simpilot Posted August 29, 2013 Administrators Report Share Posted August 29, 2013 Hi all, what are the legal requirements to make a real related virtual airline? Modifying some parts of the name is possible to skip them? THANKS LORENZO <opinion only> Unless you have an agreement in writing, not a verbal ok or casual email, there are no real options. Even using a color scheme from a real world company on a site that resembles what they do can get you shut down. With that said, there are companies that defend their copyrights right down to color choices and the use of their name within a domain name. A few that come to mind are AirTran, WestJet, and EasyJet. There are also some that seem to not be concerned about it or simply are not aware. I have an airline based on a real world counterpart that I use their schedules, fleet structure, and some other things but I do not have their name in the domain and it is not in any of the text on the site and I have not had any issues. </opinion> <fact> Many VA's have been told to shut down and threatened with legal action when logos, colors, and names have been used from real world companies. </fact> Quote Link to comment Share on other sites More sharing options...
SkiesTheLimit Posted August 29, 2013 Report Share Posted August 29, 2013 For any American Airlines Virtual, I found from the real American if you use the name American Virtual you'd not be infringing any copyrights whatsoever due to the fact that word "American" is a demonym. Other than that, you'd have to contact the intellectual property offices and go through a process, I and other American Virtuals have had to go through it. Some airlines are more lenient to a certain virtual airline but by no means does that virtual airline have any relationship whatsoever with the airline unless its BAWv. Therefore, the real airline can request you discontinue using their name and logo at any time no matter which virtual airline you are. Although, I've heard someone say that if you changed the logo and name you may continue operating with the same meaning and same scheme as the real world airline without using their intellectual property. A good example is a US Airways Virtual which went from that to USAVA, and changed the logo and continues to operate from this day. Color scheme I believe cannot be copyrighted, colors can't be copyrighted therefore if any case arises you'd probably win due to the fact that company simply cannot "own" a hex code. That's just my opinionated-response, I'm not sure if the same would apply for the airline you're trying to contact with regards for permission, contracting, etc. Quote Link to comment Share on other sites More sharing options...
Administrators simpilot Posted August 29, 2013 Administrators Report Share Posted August 29, 2013 I agree that a color itself can not be copyrighted, but a copyright (at least in the USA and Canada) can apply to arrangements of colors into a certain shape. Using your example of BMI, if you take their circular arangement of colors for their logo and put virtual on it you would have a hard time fighting a copyright claim in my opinion. I went through just this with WestJet in 2010. 1 Quote Link to comment Share on other sites More sharing options...
mischka Posted August 30, 2013 Report Share Posted August 30, 2013 (at least in the USA and Canada) moving the hosting to some non-american country should fix this... maybe they have hosting providers in Nigeria, who's gonna shut you down now? remember they can only sue you when they find you Quote Link to comment Share on other sites More sharing options...
airgalileo Posted September 2, 2013 Author Report Share Posted September 2, 2013 thanks very much!!! Quote Link to comment Share on other sites More sharing options...
CXA001 Posted September 3, 2013 Report Share Posted September 3, 2013 Jet Blue is another that comes to mind that doesn't like anyone using their colors, logos, etc. Quote Link to comment Share on other sites More sharing options...
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