UP to sue Model Railroaders

[Anonymous]

UP has just announced today that anyone who has been modelling their railroad and has not recieved written approval from UP for the use of their logo or names of their divisions or terminals or routes as well as copyrighted structure designs may be subject to individual subpoena.

The potential subpoena's are based on similar legal manuevering by RIAA in it's attempt to thwart illegal copying of music and film downloaded by computer users who do not own an actual music record or CD.

In an act of "goodwill" and not wanting to anger potential and current UP customers, UP is offering to waive any further subpoena's and potential lawsuits if the offending model railroader chooses to purchase actual surplus UP rolling stock and pay for transportation associated with the purchase, or to provide madatory remote control engineering work without pay for a period equal but not less than the time period they have engaged in illegal model railroading of the UP.

See http://www.uprr.com/aboutup/licensing/application.shtml for details and an application for permission.

[StillGrande]

Laugh. But don't think the UP lawyers haven't been considering this. I would be careful what models you show on your websites!

[Anonymous]

UP yours might be a better way to express your discontent w/ UP attornies.

[cacole]

Yeah, I'm going to hide all of my UP stuff when I get to the club today in case a UP lawyer shows up to inspect our rolling stock, locomotives, and buildings and assess damages.

[Anonymous]

Well, there wont be a single UP on my road. They have already sued Athearn and Lionel as of a few days ago.

I am sending two UP box cars to the shop for repainting. When they come out they will have a sign on the bottom "For Lawsuit Lading Only"

[Anonymous]

What's your source? There is nothing on the UP site about what you are talking about, but you might like to read what they are doing. My recommendation is to stop reading the National Star:

"Model Railroad Licensing Program
The Union Pacific licensing program is designed to allow manufacturers of branded merchandise to use the names, symbols and heralds of the company in an accurate and successful manner. This includes the constituent and historic railroads that currently make up the Union Pacific system. Licensees will receive program support from the company and will benefit from the company's investment in a much larger licensing and branding program.

Highlights of the program include:

A rate structure for model train manufacturers that is significantly below industry licensing standards. For example, on a $10 item royalty rates are pennies.
Continuing support of licensees with graphic standard compliance and new product introductions.
Access to trademarks and service marks of the Union Pacific Railroad Company and other railroads that are now a part of the modern Union Pacific system, which are among the oldest and most valuable trademarks in the nation.
The opportunity to benefit from Union Pacific's increased investments in public awareness advertising and programs.
Union Pacific defends trademarks

Union Pacific Railroad Company has filed a complaint in U.S. District Court for the District of Nebraska naming as defendants Lionel, L.L.C. and Athearn, Inc. The defendants are model railroad manufacturers who have refused to enter into licensing agreements for their commercial use of Union Pacific trademarks. The complaint alleges claims of infringement of federally registered trademarks, trademark dilution under § 43(c) of the Lanham Act, Unfair Competition under § 43(a) of the Lanham Act, common law trademark infringement, unfair competition, and violation of the Nebraska Uniform Deceptive Trade Practices Act.

Union Pacific believes it is imperative that it defends its trademarks against unauthorized use by Lionel and Athearn. Both companies repeatedly have rejected Union Pacific's lawful licensing requests.

Not only have Lionel and Athearn failed to license use of Union Pacific's historic trademarks, they have violated trademark protection laws by producing new models featuring Union Pacific's latest "Building America" branding and advertising campaign.

Union Pacific notes that Lionel has a very active licensing program that protects its own trademark. It is difficult to understand why Lionel and Athearn believe they are above the law, while more than 60 other manufacturers, including many model railroad manufacturers, have licensed their Union Pacific products in accordance with the law.

Union Pacific will continue reviewing applications and welcomes new licensees."

[Anonymous]

QUOTE: Originally posted by rsn48

What's your source? There is nothing on the UP site about what you are talking about, but you might like to read what they are doing. My recommendation is to stop reading the National Star:

It was a late April Fool's post....a.k.a a joke.[:D]

[FJ and G]

"Union Pacific believes it is imperative that it defends its trademarks against unauthorized use by Lionel and Athearn."

--writes Rick N., citing his source

-------------------------------------

What a LAME excuse for collecting fees!!!!!!!!!!!!!!!!!!!!!!!!!

dave

[MAbruce]

Hey! Don't give those UP lawyers any ideas!!

[philnrunt]

HighIron has an idea there-5 SD90MACs pulling a 120 car train of nothing but paperwork related to the lawsuits! Each car could have a symbol of how lawyers have helped make this a great country-I don't know exactly what that symbol would be, but someone will design it.
Emblazoned agross the lead unit could be-"12,000 tons of subpoena's heading towards your town at 65MPH.Just try and stop us!"
Another UP public relations coup!

[dehusman]

Sure hope this discussion doesn't degrade into juvenile name calling like so many other threads do.

Ooops, too late.

Dave H.

[Anonymous]

I'm glad I don't have any UP equipment to be honest. Though hang on, they bought out the SP and C&NW, I have 3 SP locos, 1 set of SP Impacks, 3 C&NW locos and a set of C&NW commuter bilevels - should I be worried?

On a serious note, how long before track plan books will have to be licensed if they use a prototype plan? Sounds like these people will go after any source of extra profits, so distinctive track plans might be next!

Are UP charging licensing fees for decal sheets too or just decorated models? We had a similar problem over here with the new privatised train operators - they would allow RTR models of their equipment to be made but not decals, as they couldn't control how the decals would be used. GIven that one of the companies concerned had a paint scheme of dark blue with a red stripe, and simple gold lettering in two typefaces, I was amazed that nobody brought out letter decals in gold..."No, we're not making decals for your trains, we're just making letters in gold"!

[Anonymous]

UP stuff never has, and never will, touch any track I've laid [#dots]

[Anonymous]

I want to get this out of my system before I drive myself crazy.
Ok here we go.
How many Model Railroaders are out there as of today?
I feel that my true American rights are being violated because of the sissy crap the UP is pulling.
What's going to happen next?
UP suing Modelers,Give me a break!
ILL bet all of you UP fan's feel pretty damn stupid right about now.
The Question is? What are you going to do now?
You know what UP fan's. stand up for your rights as an american, If the UP want's to walk up to your front door and slap you with a law suit....Id say take their a$$ to court and sue them,Because ILL tell what this is getting out of control! What gives the union pacific the right to violate my rights in this country just because I did at one time like their railroad. But that's besides the point. Their are alot of modelers out their,For one thing alot of UP fan's.
Should or can modelers sue the UP for violating our right's? Or is it just a waist of time?
Id like to hear from you!
BNSFfan.

[Fergmiester]

QUOTE: Originally posted by StillGrande

Laugh. But don't think the UP lawyers haven't been considering this. I would be careful what models you show on your websites!

Maybe, just maybe

Maybe there is a mole amongst us, What about BB 4005 just maybe he's a UP plant![:0]

Laugh you may but consider this. He's anti establishment with his track side bust! What about his graffitti threads, 3 count them 3!!!!

Now he's doing a thread on UP loyalty. Kinda makes you wonder...... DOESN'T IT!

Be afraid ! Very Afraid!!!!

By the way just so none of you get the idea of taking over my RR the MESS is now copyrighted. you heard me!!!!

No UP here..... nope nope nope!!!!

The legal team of U Gauge, S Crew, M Sue & M Blue have announced Copyright protection for the mess AND ANY WORD CONTAINING THE WORD MESS HERE IN.

Remember have fun and fool throttle through the curves!!!!![:D]

[Anonymous]

Should I be worried the lawyers of NS and CSX are going to devide my
Conrail equipment..(HAHAHA).The Freedom to display show and witness
the things that are great of our nations are not decided by CEO's ect but by
those whom buy the material goods ect shipped by the railroads of our
nations.many our proud of model railroads and the historic foot print.

On the edge of remembering D day we recall freedom.

David brown

[Anonymous]

BRING-UM-ON....".UP"

[BRAKIE]

UP attorneys are looking over your layout...Are you prepared to pay per diem charges for all those UP cars and their fallen flag roads for keeping them instead of interchanging the cars back to their home roads? Remember UP is every where.

[Anonymous]

QUOTE: Originally posted by eastern

Should I be worried the lawyers of NS and CSX are going to devide my
Conrail equipment

NS will take 58% and CSX will take 42% LOL!!!

[Anonymous]

But you will have to let both ns and csx still use portions of your railroad. Creating more bottlenecks and arguements over whose train is going to get higher priority. Plus the cost of repainted the old conrail units.
Andrew Miller

[retsignalmtr]

those UP corporate lawyers should be packed into an un-decorated boxcar with no food or water and no toilets and parked on a siding in the hot sun for a month.

[Big_Boy_4005]

QUOTE: Originally posted by Fergmiester

QUOTE: Originally posted by StillGrande

Laugh. But don't think the UP lawyers haven't been considering this. I would be careful what models you show on your websites!

Maybe, just maybe

Maybe there is a mole amongst us, What about BB 4005 just maybe he's a UP plant![:0]

Laugh you may but consider this. He's anti establishment with his track side bust! What about his graffitti threads, 3 count them 3!!!!

Now he's doing a thread on UP loyalty. Kinda makes you wonder...... DOESN'T IT!

Be afraid ! Very Afraid!!!!

By the way just so none of you get the idea of taking over my RR the MESS is now copyrighted. you heard me!!!!

No UP here..... nope nope nope!!!!

The legal team of U Gauge, S Crew, M Sue & M Blue have announced Copyright protection for the mess AND ANY WORD CONTAINING THE WORD MESS HERE IN.

Remember have fun and fool throttle through the curves!!!!![:D]

Uh oh, did I blow my cover???

Nah, I'm just as outraged by UP's actions as most of you are. I'm not necessarily anti establishment, just into questioning authority. I don't think anybody likes to be pushed around, not by the government and not by big business.

The UP loyalty poll was a attempt to see how many people are actually in the market for UP stuff. How much do people really care? Is UP the end all be all in the railroading world? Does their trademark have any real commercial value, or are they just full of themselves?

So far UP is getting a pretty luke warm reception among what is most likely their largest target market.

Oh, and Fergie, it was 4 graffiti topics, but who's counting? [swg]

[Anonymous]

I myself have to agree with retsignalmtr.
BNSFfan.

[Anonymous]

QUOTE: Originally posted by BNSF9838

I feel that my true American rights are being violated because of the sissy crap the UP is pulling.
Should or can modelers sue the UP for violating our right's?
Id like to hear from you!
BNSFfan.

In reality, It's UP's trademark, and they can decide if the want to license it or not. They are holding all the cards here. As a modeler, you have no rights.
It sucks, but thats reality.[V]

[Anonymous]

Just curious?
Just how "serious" is the issue?
It does have me a little on the edge.
The Question I have is.....Should I worry?,Now that I took a long hard thought about it.
Is the UP seriously going to sue MR's?
BNSFfan.

[retsignalmtr]

it's all about money. one of the other replys to this topic refered to the fact that it would add just a few pennys to the price of each model. if every corporation did the same thing it would add up to much more. from an exxon oil refinery to those ford and chevy motor vehicles, all your models would cost more.

[Anonymous]

What thy call it.......Price gouging.

[Anonymous]

Hi all
Since the US is the land of the free.
How about the model rairoad world launches a class action lawsuit against the the UP For depravation of liberty, UP instigating action that renders normal law abiding citizens criminal with no just cause claiming licence fees from
model railroaders with menises.
Because a model railroader doesn't make money or otherwise profit from the use of the trade mark such use of the trade mark does not impinge on the rights of the company nor does it bring disrepute to the company.
Which is what this thing is about and I think it is hiting the wrong people.
Make the back lash against them hurt and no other company will be stupid enought to pull this kind of money grabing pig headed stunt again
I wonder if it was legal.
could every model railroader send them an exorbitent advertising bill for every year before they took this stupid path just for a start including the cost of purchasing the cars to start with thus compensationg the inocent partys in this.
regards Jjohn

[dehusman]

There is nowhere in the any of the UP's information anything about requiring modelers to have a license.
Nothing.
Nada.
Zip.
The UP requires MANUFACTURERS to license the use of their logos.

This whole thread is a farce. Anybody taking any of this thread seriously is pretty gullible.

Dave H.

[Anonymous]

Boy am I eating crow! I guess there "is going" to be graffitti on my layout after all. I gotta find some way of covering up their logos. PS; I wonder if we can file a lawsuit against the UP for using the colors & stripes of the " AMERICAN FLAG "....................................Also they gotta make up for their lost revenue somehow & this seems like a way to make up for it. They sure don't seem to know how to run a railroad properly. UP = UnPredictable?