Old 01-21-2006, 04:41 AM   #1
John Fladung
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Default Interesting UP Lawsuit

Quote:

Railroad sues model manufacturer over trademark infringement

January 6, 2006

OMAHA, Neb. - The trademark licensing issue in the
model railroad industry has surfaced again, says Hal
Miller, editor of Kalmbach Publishing Co.ís sister
publication, Model Retailer magazine. According to
Nebraska District Court documents, the Union Pacific
has filed suit against toy train manufacturer Mikeís
Train House (MTH), alleging trademark infringement and
deceptive trade practices. The suit is not specific
about which products are in question.

A number of model railroad product manufacturers have
signed licensing agreements with Union Pacific and
other railroads in the last several years. According
to Union Pacificís Web site, MTH is not among them. UP
has also filed suit against Lionel Trains in the
recent past for trademark infringement; that case has
not reached resolution.
I would think that the railroads would love the "free advertising" or what have you but apparently not...
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Old 01-21-2006, 05:23 PM   #2
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You know America is truly going down the tubes, when money making innovations are no longer coming from Research and Development, but out of the Legal Office.

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Old 01-21-2006, 06:27 PM   #3
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That lawsuit is "retarded", I guess money ain't coming in anyway else for UP so I guess they have to sue people now. This is the whole purpose of the Heritage units too, to trademark the old logos.
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Old 01-22-2006, 02:03 AM   #4
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Quote:
Originally Posted by BNSF_SD40-2B
That lawsuit is "retarded", I guess money ain't coming in anyway else for UP so I guess they have to sue people now. This is the whole purpose of the Heritage units too, to trademark the old logos.

Yea it is, why do you think Norfolk Southern still operates 4610 in Southern heritage scheme? They make it look like a PR move or preserving their heritage, but when it comes down to it, its a money grab. I guess NS still owns the Southern logo and paint scheme. Whats next, filing lawsuits against museums that use the "old" logo on heritage equipment? Makes one wonder as well about the steam program at UP, as one company I have seen produces models of those two locomotives. I miss the days when railroads were friendly and did "heritage" type things for reasons other than making a profit off of them (see Southern/NS Steam Program, the 1776-1976 bicentennial schemes, etc.). Maybe BNSF is keeping the Warbonnet scheme alive, albeit in rough shape now, for a reason other than for our enjoyment, as it is a very popular scheme in modeling.
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Old 01-22-2006, 04:35 AM   #5
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Quote:
Originally Posted by fuente1
Yea it is, why do you think Norfolk Southern still operates 4610 in Southern heritage scheme? They make it look like a PR move or preserving their heritage, but when it comes down to it, its a money grab. I guess NS still owns the Southern logo and paint scheme. Whats next, filing lawsuits against museums that use the "old" logo on heritage equipment? Makes one wonder as well about the steam program at UP, as one company I have seen produces models of those two locomotives. I miss the days when railroads were friendly and did "heritage" type things for reasons other than making a profit off of them (see Southern/NS Steam Program, the 1776-1976 bicentennial schemes, etc.). Maybe BNSF is keeping the Warbonnet scheme alive, albeit in rough shape now, for a reason other than for our enjoyment, as it is a very popular scheme in modeling.
But yet, as I recall, Norfolk Southern does not have a copyright program, and neither does BNSF.
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Old 01-22-2006, 04:40 AM   #6
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Quote:
Originally Posted by Slopes09
But yet, as I recall, Norfolk Southern does not have a copyright program, and neither does BNSF.
Not yet
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Old 01-22-2006, 04:41 AM   #7
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But yet, as I recall, Norfolk Southern does not have a copyright program
They have a trademark program. I was contacted by them last year for permission to use one of my photos of 4610. I talked to their attorney about it, and he told me that they would just need to print out said photo to prove that the "Look Ahead: Look South" emblem was still in use.
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Old 01-22-2006, 04:42 AM   #8
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I'm fairly certain museums and historical preservation societies are safe. Federal Law protects them from being subject to trademark/copyright lawsuits as long as they are a "not-for-profit" operation. Or as long as all proceeds go to maintaining equipment or what not.

But, your point is well made.

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Old 01-22-2006, 04:43 AM   #9
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Quote:
Originally Posted by cmherndon
They have a trademark program. I was contacted by them last year for permission to use one of my photos of 4610. I talked to their attorney about it, and he told me that they would just need to print out said photo to prove that the "Look Ahead: Look South" emblem was still in use.

There we go! Guess NS's hasent gotten ugly.....yet. I wouldnt put it past any company to sue anyone, including a museum. IMO, the Class I's today are not interested in their history, unless it can make them money. Where do the lawsuits end?
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Old 04-05-2006, 06:39 PM   #10
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Hi guys,
I attend an n scale modelers meeting once a month in the Seattle area. Last month it was brought to my attention that a well known phographer in the area had recently passed on and his collection was bought up by a man in Tacoma. As soon as UP found out this collection was sold they contacted the man and told them since he bought the collection they were demanding a $0.09 per photo royalties on all the Milwaukee Road photos sold because after Milwaukee's 1980 abandonment of Lines West, Union Pacific bought the rail line from Tacoma to Seattle (which it still currently operates on to this day). Theor attorneys claim that since UP bought the rail line they can collect on such royalties since it is now under their ownership.
I heard that and I immediatelly sold off all my UP rolling stock and locomotives on e-bay. I have no desire for any Armour Yellow to be seen anywhere in my collection.
Has this trademarking got way out of hand?
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Old 04-05-2006, 07:05 PM   #11
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Someone mentioned to me a few days ago that UP had dropped all of it's pending legal action against model/hobby companies. Due mostly to a huge lobbying effort from the railfan/hobbyist community.

Don't know how accurate that info is, it's not on their website news releases or anything. But seems like they've realized that filing lawsuits against these sorts of things isn't only setting a precedent, it's giving them a reputation that they cannot afford to have.

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Old 04-05-2006, 07:49 PM   #12
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Last month it was brought to my attention that a well known phographer in the area had recently passed on and his collection was bought up by a man in Tacoma.
Is it a personal collection? If so, I don't see how UP would even have grounds to move in. Do they think they have a right to get money since this guy's collection was sold perhaps using the UP name as the attention getter? Horse scat.

Yet another reason why I hate the UP...
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Old 04-05-2006, 07:52 PM   #13
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Quote:
Originally Posted by cwwrman
Hi guys,
I attend an n scale modelers meeting once a month in the Seattle area. Last month it was brought to my attention that a well known phographer in the area had recently passed on and his collection was bought up by a man in Tacoma. As soon as UP found out this collection was sold they contacted the man and told them since he bought the collection they were demanding a $0.09 per photo royalties on all the Milwaukee Road photos sold because after Milwaukee's 1980 abandonment of Lines West, Union Pacific bought the rail line from Tacoma to Seattle (which it still currently operates on to this day). Theor attorneys claim that since UP bought the rail line they can collect on such royalties since it is now under their ownership.
I heard that and I immediatelly sold off all my UP rolling stock and locomotives on e-bay. I have no desire for any Armour Yellow to be seen anywhere in my collection.
Has this trademarking got way out of hand?
Wow! Think of a photo of any Downtown, USA. The logos on buildings, billboards and other ads, vehicles with corporate logos... they could all collect if this was the case. If the above is .09/photo is a legit story, it is (was) probably just a stronghand tactic. A stupid one, but then the UP is not in the business of befriending rail fans.
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Old 04-05-2006, 08:37 PM   #14
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If that is true, it is insane. Just another reason to railfan tourist lines, they are more interested in rebuilding steam engines, than wasting money filing lawsuits.
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