Link: UP Sues Lionel and Athearn

[wallyworld]

In a disgusting display of arrogance, Mr. Robber Baron goes after our favorite toys. What a choice of priorities. Moronic is a word that comes to mind among others that I would not post here.
I am going to find their e-mail address and let them know my opinion in my best non flame but aggressive manner this morning and I encourage all of you to do the same.


http://www.omaha.com/index.php?u_np=0&u_pg=46&u_sid=1112474

Here is their public feedback address:

http://www.uprr.com/info/feedback.shtml


Here is my message:I think your lawsuit is a prime example of stealing defeat from the jaws of victory that translates into a public relations fiasco. Arrogance and greed are two words that will be joined at the hip to your corporate image you are attempting to "protect." Not only is this a incredibily poor choice of timing when there is a demonstrated inability to move the real trains in a consistant manner these days, it shows a poor choice of priorities.

[cherokee woman]

Even though I don't do any railroad modeling (like locomutt does), but how in he@# can UP claim rights to logos of fallen flag railroad lines?! THAT DOES NOT SOUND RIGHT TO ME.

In my opinion, if it's a fallen flag, anyone can do whatever they want if they are modeling after a fallen flag line. And no conglomerate should be able to tell you what you can or cannot do!!

[tree68]

Next they'll be suing the paint manufactures for selling Armour Yellow and Harbor Mist Gray...

There's a simple solution for this. Don't buy UP, especially any of the "licensed" merchandise (who needs a UP beach towel anyhow?).

If you want to model UP, mix your own paint and make your own decals. I'm sure that the appropriate images will find their way to the web.

If the market for things UP dries up, then their licensing program will go bust and won't be the revenue source they intended.

That said, they have every right to do what they are doing, and are far from the first to do it. That they've waited this long to start is the biggest problem. It is entirely possible that if a big enough pocketbook fought one of these cases, it might be proved that they didn't protect the stuff (like the paint scheme) for long enough that it is in the public domain. As for the fallen flags, that would take some research. When the mergers/takeovers occurred, was the "trademark" of the fallen flag protected in any way? There are a lot of legal angles involved, and the answers won't come easy.

The article did point out that they are only going after some stuff that was started after they announced the licensing program, so they will likely prevail on that.

[locomutt]

Point well taken,Larry;
I believe Chessie went through this(or something similar) quite a few years ago.
Brother Carl,can you shed any light on this one?

[Anonymous]

Ok I have seen this same topic posted here and there and its the same bunch of complainers. Lets get this straight its THEIR logo not Lionel's or any other manufacturers. They registered it they paid for it. I beleive there are laws in this country that if you do not protect your name, image, logo, and such that another comapny can actually steal it from you and you can say nothing about it.
If it was your company you would be doing the same thing. In this mine mine mine mindset of a country you should be used to it.

[louisnash]

Larry (Tree68),

Who in the world would buy a UP beach towel?
On the other hand, I have a Dukes of Hazzard beach towel. Now that's an item to have.

I think all these RR companies should get a life and be glad that someone takes an interest to model their RR.

Also think they (RR's) should worry (or even care) about the customers they serve on the RR and not the man that has a hobby.I understand their legal protection over their logo, but it's not like the hobbyist are out their degrading their company. They are actually supporting it.

Or they (UP) could just start painting every locomotive pure black with no name, just number. If UP didn't want anyone to model, why put the American flag on, or put their wings back on their locomotives. Or maybe they should take the Big Boy and put it in a shed somewhere and lock it up.

If they didn't or don't want the interest in their RR to be modeled then don't do anything that will support it.

Brian (KY)

[M636C]

Does this mean that UP won't allow Bachmann to make UP high hood GP50s any more and will stop Model Power selling UP livery F40PH freight sets!

I'd be happy to pay a few cents to stop that!

Peter

[Anonymous]

QUOTE: Originally posted by M636C

Does this mean that UP won't allow Bachmann to make UP high hood GP50s any more and will stop Model Power selling UP livery F40PH freight sets!

I'd be happy to pay a few cents to stop that!

Peter

The Utterly Pathetic managment gave that as their reason for doing this crap but why should they care?

[dharmon]

I vote we leave this nonsense over on the MR forum.

[Anonymous]

After the UP-SP merger they should have named it the Pacific Union and Southern. The PUS road !!!!!!!!!!!!!!!!!!!!!!!!! UP also stands for UNLIMITED PARKING !!!!!!!!!!!!!

[mudchicken]

Feeling sorry for Lionel? Not me! They do not seem inclined to play by the rules. UP does.

http://www.denverpost.com/Stories/0,1413,36~33~2198740,00.html

[Anonymous]

Oh god......Is this ever going to end?
BNSFfan.

[Train Guy 3]

Shouldn't UP be more worried about running a railroad than worring about if toy has their logo on it. Mabye they could use the money they will pay the lawyers with to buy fuel that everyone is complaining about.

[jsanchez]

You think after screwing up the UPS business the focus would be on adding more capacity, UP needs more double track and I'm surprised Tennessee pass is still closed. I don't mind seeing Athearn/Horizon being sued , Lionel I believe had a prior arrngement that should stand up in court, but the fact is UP has bigger fi***o fry right now than to go after small hobby manufacturers.

QUOTE: Originally posted by Train Guy 3

Shouldn't UP be more worried about running a railroad than worring about if toy has their logo on it. Mabye they could use the money they will pay the lawyers with to buy fuel that everyone is complaining about.

[tree68]

UP may have bigger issues than going after little hobby manufacturers, but there is probably a lawyer deep in the bowels of the organization who has nothing better to do. If he/she has the blessing of the company, there is a lot of "damage" that one person can do. Just comparing the online catalogs with the file of license agreements should provide lawsuit fodder for years. It doesn't cost much to file a suit, and I'm sure they already have the boilerplate ready. The media takes care of the rest.

Think about it - if you were a custom locomotive painter, and heard that some custom locomotive painter got served with a suit for painting UP. Would you paint any more UP?

[locomutt]

QUOTE: Originally posted by tree68

UP may have bigger issues than going after little hobby manufacturers, but there is probably a lawyer deep in the bowels of the organization who has nothing better to do. If he/she has the blessing of the company, there is a lot of "damage" that one person can do. Just comparing the online catalogs with the file of license agreements should provide lawsuit fodder for years. It doesn't cost much to file a suit, and I'm sure they already have the boilerplate ready. The media takes care of the rest.

Think about it - if you were a custom locomotive painter, and heard that some custom locomotive painter got served with a suit for painting UP. Would you paint any more UP?

OH ,GOD! (and I do not, or say that I'm taking it in vain!)
Larry,
I do some(very limited) custom painting,
but you make a "VERY" good point.

And yes, 'people,let's end this one!
It's going to happen no matter what WE do!

[Randy Stahl]

Its very tempting to run over to the stencil shop and make up a lionel "L" . next time a UP consist rolls in slap lionels TM right after the UP
I guess I'll leave that to someone who does'nt need thier job anymore