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Brake, once a trademark has been left unprotected by its owner and is used for free, the owner loses the right to protect that trademark in that context. For instance, Otis Elevator made a form of moving staircase it called an Escalator. Other companies starting calling their moving staircases escalators and Otis did not protect their trademark. Result-- Otis lost when they subsequently tried to protect their trademark. <br />Union Pacific's claim is even weaker, because the use that they are trying to restrict is unrelated to their primary business which is providing transportation of bulk commodities by rail in the western United States. Union Pacific's position in this matter is morally unjustifiable, but the same old apologists for big business still crawl out of the woodwork to defend the indefensible. I make this prediction, If railroads aren't partially reregulated, they will be in as bad a shape sometime within the next 25 years as they were 25 years ago.
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