Use of TFL's roundel for Fallout: London DLC game by Team FOLON®
Request ID: FOI-3553-2324 Date published: 16 January 2024
You asked
Hello TFL FOI team
Can you confirm that a gaming development company named Team FOLON® has obtained permission to use the London Underground roundel (red circle and blue bar) as their logo for their Fallout London DLC game and their Team FOLON logo?
If it's a no, can you tell me if TFL will be taking legal action against the company for trademark infringement?
We answered
TfL Ref: FOI-3553-2324
Thank you for your request received by Transport for London (TfL) on 5th January 2024 asking for information about use of the TfL roundel.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
Specifically you asked:
“Can you confirm that a gaming development company named Team FOLON® has obtained permission to use the London Underground roundel (red circle and blue bar) as their logo for their Fallout London DLC game and their Team FOLON logo?
If it's a no, can you tell me if TFL will be taking legal action against the company for trademark infringement?”
Given this relates to a specific, named company we can neither confirm nor deny that the information is held, in accordance with section 31 of the FOI Act. To do so, either in this case or any other such case, could potentially put into the public domain information which may prejudice any potential legal proceedings (noting that disclosure of information under the Freedom of Information Act is considered to be disclosure ‘to the world at large’ rather than the individual applicant).
Note that the ‘neither confirm nor deny’ provision can be used in circumstances where we do not hold the information, as well as in instances where we do. That is, the response can be used on the basis of theoretical considerations of what would be revealed by a confirmation or a denial. While we recognise the need for openness and transparency by public authorities, we consider that there is a greater public interest in ensuring any legal proceedings that may take place are not compromised by the release of prejudicial information, hence the neither confirm nor deny response.
Speaking in general terms, and with no relation to this specific case, where TfL considers that a breach of copyright has occurred we will investigate the matter and consider appropriate action as necessary.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely,
David Wells FOI Case Officer FOI Case Management Team General Counsel Transport for London
