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Mark-- Thanks for leading off a discussion of this topic in a thoughtful and civil manner. You're right, there has been a lot of ignorance--even childishness--displayed on similar threads. UP certainly would have good reason to jealously protect its tradenames, service marks and trademarks out of concern that a failure to do so would open up an "abandonment" issue. However, the details of UP's program suggest there's more than just a defensive move in play. If the only motive were protection against "abandonment", UP could have offered all potential licensees an agreement which would have affirmed UP's rights in the various marks and names, given UP the ability to approve or disapprove of proposed uses, and charged either no fee or only a token fee. That's essentially what they have offered for nonprofit organizations that have limited distribution of UP-related products. Instead, UP has insisted on much-more-than-token royalty payments, has demanded confidential business information from manufacturers, and has even insisted on copies of AUDITED financial statements from some applicants. No wonder most major model railroad manufacturers--from Athearn to Walthers--have declined to fall in line. The wide-ranging nature of the allegations in UP's federal lawsuit Complaint also is of interest. If mere "protection" were UP's aim, it could have skipped causes of action which require it to allege and prove that it is in competition with Lionel and Athearn in the model train market! It will be interesting to see how Lionel and Athearn to UP's suit. At the initial stages we can expect all available defenses to be asserted--including (how ironic) claims that UP "abandoned" the names and marks in question--particularly the fallen-flag and "historic" logos. I would also expect the defendants to assert that UP obtained its federal trademark registrations through misrepresentations, if not fraud. Common sense and business economics suggest the parties should settle this case quickly and quietly. But when it comes to intellectual property matters, ego often trumps self-interest. So we can expect additional ostentatious and counterintuitive displays before the dust settles. --John
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