Union Pacific Logo Copyrights

[Anonymous]

I read in a recent NMRA Bulletin that the UP was attempting to force model railroad equipment manufacturers to pay royalties for using the UP logos on their products. The article also implied that this would apply to all "fallen flags" that had been acquired by the UP, including the D&RGW. The article further urged model railroading fans to write the UP to protest this action, as it could potentially increase the cost of products significantly, and drive some of the smaller manufacturers out of business or force them to stop offering many of their products. I would like to hear of any further status on this issue from forum readers.

[jchnhtfd]

I'm not completely sure of the status of the specific issue with the Union Pacific, and it is rather too bad when a company finds itself obliged to defend its various trademarks and logos in this manner. However, two comments: first, Union Pacific is by no means the only company which does this: just to mention a few, John Deere, Caterpilar, Ford Motor Company, Chevrolet Division also have rather strict policies on the use of their trademarks both in media and in models. It is worth remembering that a trademark or logo is in many cases an extremely valuable property for the company -- and that a good deal of effort has been made to make it so!

I agree, though, that it's a bit sad when the licensing to use the logo involves money; the bean counters strike again!

[AltonFan]

I have heard that a court recently found that because of an agreement with the AAR many years ago, a perpetual license has been granted for use of at least the older logos. This was part of a PR campaign back when railroads really worried about such things.

My source also told me that the court also found that UP can't claim to be damaged by model manufacturers use of, because UP is in the transportation business, while the model manufacturers are not. If UP wanted to claim infringement, they would have to go into the model railroad business.

I am told CSX and NS were considering joining UP, but pulled out when court made the above findings.

All of this is a rather simplified relation of something I heard from someone else. I don't know where one could find an official document with these rulings.

[Anonymous]

To me it would seem that UP would want their to be lots of model trains with their logo on it, rather than other railroads. Didn't UP have Athearn produce some special HO sets to give to employees as safety awards? I've always been very opposed to this licensing thing happening. Even so, just because they license it that doesn't mean that they have to charge model train manufacturers to use it!

[dharmon]

Well as much as it hurts to say it, it's within their rights as the copyright holder to license and or profit from use of their logo. Just as the NFL and NBA tightly control use of team logos and such they are entitled to their slice of the pie if they so choose to take it. Model trains are not much of a threat to the real UP, but so it goes. Legally, it's as much for protection of the image as it is for money.

[Anonymous]

So what's next? When you go out and do some photography, and you submit your excellent photo of a UP coal train gliding across the Kate Shelley Bridge on Christmas Day with a fresh blanket of snow covering the trees and the ground and it all looks so postcard perfect the photo gets published in a train magazine, will UP sue the magazine or the photographer for copyright infringement?

[dharmon]

QUOTE: Originally posted by ghighland

So what's next? When you go out and do some photography, and you submit your excellent photo of a UP coal train gliding across the Kate Shelley Bridge on Christmas Day with a fresh blanket of snow covering the trees and the ground and it all looks so postcard perfect the photo gets published in a train magazine, will UP sue the magazine or the photographer for copyright infringement?

I'm no lawyer, and Bergie or one of the Trains bubbas may want to jump in...but the way I understand copyright law is that if you take a picture in a public place of something, like a UP freight and write and article about it, providing it's not libel or slander, which is a diifferent issue, it falls under first amendment protection. But if you reproduce the logo or image for the purpose of capitalizing on a copyrighted logo itself, like a NBA team t-shirt, or a model train even without permission they are within their rights to ask for compensation. The pro sports guys go crazy on copyright infringement cases I've been told.

[dehusman]

Here is the licensing policy:

http://www.uprr.com/aboutup/licensing/

Read about it straight from the horse's mouth.

Dave H.

[JoeKoh]

The way I read it if you use it in your own home for your own use no problem.but if you go to sell a pic or a model they want a cut.
stay safe
Joe