The model railroad hobby has been dealing with this licensing issue for years. It wasn't always like this, but if you buy a Union Pacific loco (or any of the many railroads UP has ever taken over thoughout its history) you often will pay a few bucks more to cover the costs of the agreement. UP charges for it, while other companies allow, with permission, to use their trademarks for free. UP had a big court fight about 10 years ago with a model railroad company. Needless to say, the country's largest railroad won the fight.
I wish Cat would allow, even for a fee, for model companies to produce modern On-Highway diesel engines. Cat isn't even making them anymore. Maybe they do, but the costs are too high?