That would almost certainly not be upheld in court - Sega v. Accolade found that the use of a trademark as part of a security system cannot be prosecuted as trademark infringement.

http://en.wikipedia.org/wiki/Sega_v._Accolade

Capsule summary: Sega's Trademark Security System, which was present in some versions of the Sega Genesis game system, would check for the string "SEGA" at a particular location in the ROM. When it found this string, it would display the text "PRODUCED BY OR UNDER LICENSE FROM SEGA ENTERPRISES LTD." on screen; if it did not find this string, the game would not boot. Accolade reproduced this to make their unlicensed games work; Sega sued them for a variety of things, including trademark infringement, and lost.