If I was the judge in the RR tradmark Lawsuit

[robscaboose]

[}:)][;)][;)] If I was the judge in the trademark lawsuit, I would say.....yes you are entitled to your royalities.....only after you start painting a small percentage of your locomotives in your railroads hertiage paint schemes......use it or lose it.

[CSSHEGEWISCH]

Trademarks are lost only if they aren't protected. Use it or lose it does not apply in a matter like this and such a decision would surely be overturned on appeal as a violation of the 5th Amendment.

[jchnhtfd]

While I must admit that I don't particularly agree with charging model railroad manufacturers substantial royalties for use of a various railroad trademarks -- I suspect that the amounts involved could be smaller -- I do appreciate the motivation: as csshegewisch notes, trademarks have to be protected, and if they aren't defended (that is, if there is no requirement for a license to use), they can -- and sometimes do -- become public domain. Since there may be significant value in a trademark, this is not good. Therefore, a company will defend it's trademarks.

[spbed]

I have friends at one of the HO train makers & they stopped painting the UPRR scheme because of what they had to pay the UPRR for the rights to do so.