Yes they may be, but in the Sega v. Accolade case I mentioned earlier it was decided that copying of both copyrighted and trademarked material for interoperability purposes is fair use. In that case Accolade had to literally embed "SEGA" inside their ROM and send the text to the Genesis III in order for it to boot their games. The Ninth Circuit court ruled that this constituted fair use.
Yes they may be, but in the Sega v. Accolade case I mentioned earlier it was decided that copying of both copyrighted and trademarked material for interoperability purposes is fair use. In that case Accolade had to literally embed "SEGA" inside their ROM and send the text to the Genesis III in order for it to boot their games. The Ninth Circuit court ruled that this constituted fair use.