UP can do whatever they want where they are concerned!

[Anonymous]

how many of these threads are going??
please refer to my thread to the other ones if you want a more legalistic view.....

or not!


ALAN

[ChiefEagles]

I don't buy UP. If the rest suddenly stop, probably "no skin of there teeth". I do like the suggestion to put any royality charges only on those UP models. Then not buy them.

[Anonymous]

The issue here is ownership of a trademark & its usage.

From the UP side, if anyone is allowed to use their trademarks without acknowledging that UP is the owner, then the UP has abandoned that trademark & they're not entitled to any royalties for its use. Put another way, once they have filed for a trademark, they have to defend their trademark rights or they risk losing the rights.

I have to agree with Jack on this one. The UP is entitled to their trademark rights & charging royalties for its use. It doesn't matter if Lionel or Athearn aren't competing with them or not. If Lionel & Athearn enter into a licensing agreement that has lower royalties than others pay, that's one thing. This may not go so well for Lionel & Athearn.

However, it doesn't matter what I think; the courts will have to decide.

Tony

[3railguy]

QUOTE: Free advertising?? Please! That is not what toy trains are. Advertising implies usage. When is the last time you had something shipped via the rails? And if you did have something shipped recently, would there be another choice if UP was too expensive?

Since you ask, the last item I had shipped by rail was a used Jordan refiner for a paper machine rebuild I managed. I had two choices: truck or rail. I believe the UP is getting free advertising because the people who ship via UP live private lives and are exposed to model trains like you and I. This is the way I view it whether you like it or not.

QUOTE: No, I completely agree with UP's decision to charge for the use of their logos etc. Just look at from the point of view if YOU owned UP. Would you want a multi-million/billion? dollar company using your trademarks without paying you for their use? No way!

If I owned the UP, I would be flattered considering the way it's being used. In fact I would send model train companies free paint chips. Toy trains do not haul real world freight across the country so no harm is being done. Now if someone were to copy my logo for their buisiness which provides the same services I do, then I would sue. This is not the case.

By the way, did you pay Amtrak for your screen name?

[Anonymous]

QUOTE: Originally posted by 3railguy

The UP needs to use a little common sense. We give them free advertising yet they want to exploit us. It is legal but nasty. Rail photographers can be nasty and have their rights too. Nobody has really paid atention to the EPA violations, moving violations, and grade crossing violations the UP breaks until now. Many rail photographers will be zeroing in on these violations. Whether right or wrong, the UP will learn just how nasty civil suits can ruin their image. And their pocket book.

Free advertising?? Please! That is not what toy trains are. Advertising implies usage. When is the last time you had something shipped via the rails? And if you did have something shipped recently, would there be another choice if UP was too expensive? Doubtful. And doesn't UP own most of the railroads and names? If so, they can charge for the use of say Illinois Central. No, I completely agree with UP's decision to charge for the use of their logos etc. Just look at from the point of view if YOU owned UP. Would you want a multi-million/billion? dollar company using your trademarks without paying you for their use? No way!

Here's another way to look at it. I am going to start my own line of FJ and G cars, David. Then WHAM! They become the biggest thing since sliced bread---I have back orders for 10,000 pieces at $69.99 a pop. I'm working day and night keeping the injection molding going. But I am not paying you a dime. That's okay with you isn't it?

[3railguy]

The UP needs to use a little common sense. We give them free advertising yet they want to exploit us. It is legal but nasty. Rail photographers can be nasty and have their rights too. Nobody has really paid atention to the EPA violations, moving violations, and grade crossing violations the UP breaks until now. Many rail photographers will be zeroing in on these violations. Whether right or wrong, the UP will learn just how nasty civil suits can ruin their image. And their pocket book.

[FJ and G]

I have the solution to this. Since UP insists on charging fees, pass them on to the customer; but only on UP models, don't spread the fees around to other roads. That way, people will think twice before buying a UP item and UP will definitely lose a lot of valuable but difficult to measure publicity. They need to be taught a lesson only where it hurts--in their image.

They appear to be a big and bungling company; melting down shortly after SP merger and even today, they are having congestion problems in the West, and it isn't even the busy season.

I think they need a management shakeup.

dav

[Anonymous]

Whether you like it or not, UP has the right to do whatever they want with respect to their company name, logo, colors, and all trademarked and copyrighted items.

Yes, that's right. If Union Pacific wants to now charge for the use of their logos and color scheme, that is their right. And don't be surprised if GM or whomever makes they giant train engines we love so much decides to sue the companies for making models of their engines without paying for the right as well.

Look at a NASCAR toy car's package. Racing Champions or whatever company that makes these toys has to PAY for the use of the logos, car styles, company names, and likness's.(SP?)