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UP is fully within its rights to sue Athearn and Lionel for trademark infringement on their current and recent past trademarks (17 years I believe?), although I'll admit some of their allegation (as published on page 10 (?) of the August MR) are patently ridiculous except to the most ignorant. Regarding trademarks of fallen flags absorbed by the UP Borg (You WILL be assimilated!), I don't think they really have a leg to stand on with roads they absorbed decades ago. I think the D&RGW/SP decision of some months back lends some credence to that, although I expect UP appealed that decision (whiners). There might be room to debate on more recent acquisitions, such as the C&NW (1994/5), but roads they absorbed in the 1800s and prior to, say, 1950 or 60 ought to be fair game as their trademarks should long since have expired. I don't think heralds hanging around on a few ancient boxcars that they haven't bothered to repaint constitutes keeping a trademark "active". Obviously the UP lawyers feel differently. The thing that made me laugh is that according to MRs quotes, it leads me to believe they're actually trying to trademark a shade of paint. Wouldn't the paint company own that? If the locomotive's paint fades (as it will), does that mean the paint color is no longer protected? (You gotta think like a lawyer here). Some of UP's assertions are totally ridiculous, more than likely thrown in as "throw-aways" for negotiating.
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