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[quote]QUOTE: Originally posted by bcammack This has nothing to do with copyrights. It has everything to do with trademarks. Copyright law doesn't apply here. One issue with trademark law is that of defense of trademark. UP cannot go along for decades ignoring the use of fallen flags under their corporate umbrella and then suddenly claim infringement and demand restitution for their use. [/quote] I'm not aware of any cases where any railroad is seeking restitution for use of their trademarks, only compensation for future use or have I missed this issue entirely? A company, organization or individual isn't required to maintain their past practices forever. Museums that have offered free admission for decades are entitled to begin charging if they so choose. You may let your neighbor use an unused garage on your property for decades yet one day decide he should start paying a few dollars in rent. Is he entitled to free use in perpetuity? We don't know that UP has been "ignoring the use of fallen flags under their corporate umbrella" for decades; we only know they haven't been charging for their use. As I said above, the free ride is simply over. Some are crying the death of the model industry as a result, though I haven't seen a shred of evidence to support this. In my opinion, the sky is not falling. Wayne
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