QUOTE: Originally posted by Big_Boy_4005 Thanks for clearing up the trademark law date part. Lotus is only 14, and isn't really familiar with that aspect of this discussion. So what do you think about Spikes's situation? If the decals have already had the fee paid, why should he have to pay again to use them? Even the government doesn't double tax.
QUOTE: Originally posted by tdetmer As far as the decal issue is concerned, I know that the article in S Gaugian, which is where I first saw it, was about the problem that S Helper had. S Helper tried to get a proper license but was held up by the UP in a form of highway robbery (property rights notwithstanding). There was another little piece of that article (entitled "UP: The Grinch Who Stole Christmas" in the Nov/Dec 2005 S Gaugian for anyone who cares to read it) about a guy who sold train calendars that he purchased. He had total gross sales of $3000 per year - a big operations, right? Anyway he got one of UP's nastygrams telling him to "cease and desist." So even though he was selling a calendar produced by someone else, he was found liable in the final judgement awarded to the UP. So we know the UP has the law on its side, but as a matter of equity it smells. Tom I agree with Elliot. The UP doesn't care. It just wants the money. It apparently didn't try to see reason in working with S Helper Service and it certainly didn't use good judgment in going after a $3000 a year calendar sales guy. These guys are hardnosed and mercenary as we said before.
QUOTE: Originally posted by FJ and G My main beef with the UP trademark scandal (scandal???, whatever); is that the toy train companies (unlike some model train companies in the smaller scales), are charging the SAME price for UP stuff as for other stuff. Sooo, everyone is helping pay UP. I think that like the smaller scales, the UP stuff should be marked up. I'm just happy I'm done buying toy train stuff. I have enough for a lifetime and the only thing that would entice me to buy is if i find an affordable live steam toy train engine for my backyard project.
I'm back!
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http://ogrforum.ogaugerr.com/displayForumTopic/content/12129987972340381/page/1
QUOTE: Originally posted by AlanRail Every other month or so this comes UP! UP owns the mark, not Atlas, Lionel, Kline, MTH, etc. That UP choose not to enforce their rights before now is of no consequense, latches doesn't apply to intellectual property claims. Trademarks rights unlike patents or copyrights last FOREVER or as long as they get renewed with the USPTO. So if you're thinking about waiting out UP... think again. In the alternative, we can all buy shares of stock in UP, vote out the current Board of Directors and replace them with ones that will fire the current officers and then have the trademark policy changed by new officers. So what will it be??
Doug Murphy 'We few, we happy few, we band of brothers...' Henry V.
QUOTE: Originally posted by lionelsoni Powernailer, UP is actually very interested in gaining supporters for "the American Railroads", their own in particular. Why else would they go to all this trouble? http://www.railpictures.net/viewphoto.php?id=123121&PHPSESSID=7324cb5827395190e008e52948c19f1b
QUOTE: Originally posted by cnw1995 I understand all the major roads are now actively protecting their trademark claims - some, like CSX and NS, much more quietly than others.
QUOTE: Originally posted by AlanRail Actually trademark, copyright and patent rights go back quite a bit farther: U.S. Constitution, Section. 8., under Clause 1. The Congress shall have Power To . . . : Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; In England at the time this was not the law.
Bob Nelson
QUOTE: Originally posted by Lotus098 They had licensing laws in 1870? If you say so*. *not sarcastic
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