You'd be amazed.

Ferrari took down a free web game for using their name and images without permission and have gone after people making Ferrari skins before, they do not leave a lot of wiggle room. Look up what happened to BATRacer in 2009 (the game I was referring to), it essentially killed that site.

Porsche have slapped modders with C&D orders and ordered those modders to delete code. So yeah it does happen, Ferrari's lawyers and Porsche's lawyers do not mess around at all.

 

However, take comfort that if you're making plane models or skins, you have a LOT more room to do what you want (with a few, notable exceptions and even then there's ways around it), as airlines don't really care if you paint a British Airways 777, whereas Ferrari would throw lawyers at you for modelling and painting an Enzo without getting a license. It's double standards, sure, but that's how the lawyers operate. I was gonna say companies, but given it's always mailed from the legal firms....ya)

 

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It doesn't need to get to a court though. All it needs is one C&D letter and/or DMCA takedown, no court needed, just the will to send a request or a letter. Whether the infringer agrees with the letter or follows it is another matter, you can be hit with a DMCA claim, counter it then go through the rounds of proving and claiming without setting foot in a courtroom if it's all done online.

As for the whole is is it worth it angle? Yes to protect what is theirs.

I know how the DMCA process works, having received at least 5 in the past for content on my old website. All of which, I spoke to my lawyer who said that there was no real grounds to remove the content and that it wouldn't be worth attempting to take to court over. 

 

Okay, so I get your point about games, yes, but creating a game is much different to creating textures which aren't used for profit, nor do they form the base of a product. I won't believe that Ferrari have issued DMCA requests on a vehicle skin till I see it myself.

The NYPD has, in fact, pursued trademark claims against businesses using their logo (there was one case of a pizza shop run by ex-NYPD cops who got a cease-and-desist for use of the NYPD logo).

Also, it isn't questionable whether they have the right to have a file removed. Copyright infringement is copyright infringement whether or not it's for profit. Police departments don't want people making Youtube videos of them playing GTA with that department's cars and shooting up civilians. Thus, they sometimes send letters demanding content be taken down. That is their right, because they have the copyright and trademark on the design.

There are more people doing LCPDFR videos than you think. Some partnered with Machinima and so forth. My personal favorites are Bayareabuggs and SpiersTheAmazingHD. All I'm saying is LCPDFR is easily the largest modding community with GTA at the moment.