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First, I don't see anyone here saying that what the UP is doing is illegal (though I have some question in the matter of fallen flags as the law says a trademark is abandoned after 1 year of non-use). There is a reasonable argument about the way this is being carried out. Do you realize there is a clause in the licensing agreement which allows the UP to claim the tooling for any product un which their logo was placed if the license agreement is ended? And that the UP can end that agreement unilaterally at will. Other railroads have licensing agreements to protect their copyrights without collecting exhorbitant fees. Likewise GM for their trademarks. Legimate protection of copyright is excellent and should be condoned. But this type of action is just another example of corporate greed.. The Chessie system tried a similar move in 1983. They backed down when the matter came up on the front page of the Wall Street Journal. It wasn't the goodwill of modelrailroaders they were afraid of losing but rather the goodwill of other businessmen who would see their actions as indicative of their overall poolicies. Of course, now that competition has been eliminated and only the UP serves much of the west they don't have to worry about a shipper changing to another rail line.
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