Wheels up wrote:
What clarifies these matters is the legal aspect.
Bravo! It is not often around here that the legal aspect is credited with clarifying anything. You've just earned an honorary membership in the Wix Lawyers Alliance (WIXLA), if you want one.
Seriously, when talking about a new production run based on an antique type, or an avowedly homebuilt replica, there is no real debate, even before you bring in the lawyers. It is all very well for Shuttleworth to build a replica Sopwith Triplane and then convince Sir Tom that it is so accurate that it deserves to be allocated the next triplane serial number and certified original by him, but everyone recognizes that that sort of thing is only cute, not real.
It only gets fuzzy when you are talking about one-off, hand built airplanes using at least some original components. That is where the legal standards may diverge from the historical ones. As both a lawyer and a preservationist, I recognize that those two fields have different standards and would not be so quick to "cross the streams," so to speak.
I would like it if new-build replicas that are produced in multiples did not use the trademarks of the aircraft they are imitating, like "Waco" or, to take another example, the new build "Yak-3Us" or whatever they're called. Monikers like "Wag-Aero Cuby" were fine with me, I liked how they turned "Cub" into an adjective meaning "Cub-like" which was really what the airplane was. However, there is enough flex in trademark law that some of these modern companies cannot be stopped from incorporating the original names. Assuming that our race (and a few of our aircraft!) survives another millennium or so, from which perspective 1935 and 2005 will not seem far apart, much confusion could be created as to what was a technically state of the art product when built and what was already a throwback.
August