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United Press International (UPI):

FORT WORTH, Texas, Jan. 17 (UPI) -- A U.S. video game maker says it wants a court to rule it can use images of modern weapons and aircraft without paying licensing fees to their manufacturers.

Electronic Arts, developer of combat actions games such a Battlefield 3, filed suit in California against Textron Inc. and its Fort Worth-based Bell Helicopter subsidiary over EA's right to use images of aircraft including the V-22 Osprey and AH-1Z Viper helicopter, the Fort Worth (Texas) Star-Telegram reported Monday.

Textron and Bell contend the aircraft, built for the Defense Department and funded with taxpayers' dollars, are private trademark property.

EA's response is that its video games are protected by the First Amendment as a form of free speech and that images of the aircraft are often on display in the public domain and so not subject to trademark or copyright protections.

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"The whole point of trademark law is to make sure people aren't confused by the origins of products," said Steven Mitby, an attorney in Houston who specializes in business patent, trademark and copyright law.

AZA Attorney Steven Mitby in United Press International article

"The video game-maker is saying there's no danger of confusion. I think that's a pretty persuasive argument," Mitby said.

http://www.upi.com/Science_News/2012/01/17/Electronic-Arts-sues-to-use-aircraft-images/UPI-70011326830067

© 2012 United Press International, Inc.