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UP to sue Model Railroaders
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Just for the record, the reason Lionel and Athearn aren't buckling under is that trademark law only applies to products and services in which the trademark owner is involved. The legal test used in courts is called the "ten foot rule" - if an average person can't tell the difference between two products bearing the trademark at a distance of ten feet , then the trademark is being infringed. I would challenge anyone but a legally blind person to not be able to tell the difference between a prototype piece of UP equipment with their logo on it, and a model railroad product. Also, the purpose of prototype equipment is to haul cargo, while I know of no one in model railroading who is hauling cargo for hire (although you have to watch those crafty G, 1:12 and 1:8 modelers - they're liable to try hauling anything! ). <br /> <br />I love the postulated discussion in UP's headquarters, BTW! How did you get the "recording"? I wonder if something like this is going to show up the way Enron's employees' discussions about raping California are now? We can only hope! <br /> <br />All Z BeZt - Yep, a real, live Z scaler, folks! <br />Jim <br />
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