UP is sueing Lionel & Athearn

[FJ and G]

Elliot,

I hope you are right. If Lionel wins, we all win. If they go down in flames, at least they tried.

dav

[Big_Boy_4005]

Way to go Lionel and Athearn!!!

There is a long established precident that model train manufacturers use logos of real railroads on their models. It is the MODEL that has value NOT THE LOGO. The logos are put on the models for the convenience of the consumer. I would rather buy BLANK trains and decorate them myself, than to cave in to corporate GREED. Beside, with modern technology I can capture any logo I want and use it on MY railroad.

The railroad may own the right to it's logo, but after all of this time may have lost the right to enforce it with the model manufacturers. This may very well be a valid argument in the court's eyes!!! Now I am anxious to hear the outcome of the case. The court may rule that the railroad's rights only only extend to logos currently in use, and that the fallen flags are public domain. That would totally screw UP's plan for revenue. With luck the model railroad industry may find itself exempt from enforcement given the amount of time that has been allowed to pass. If they lose, based on this argument, UP would have to give back all of the fees collected.

You know? I don't see the railroad that needs the revenue the most lining up at the trough. AMTRAK!!!

[FJ and G]

I'm having trouble keeping up with all of these stories. Didn't MTH sue Lionel a while back as well? Whatever became of that?

My guess is that all of these suits will be settled out of court.

I'm kinda surprised that no other railroads have yet followed UP's lead in charging fees.

Anyway, I don't see Lionel winning this case except if the roads are predecessor roads. UP gave Lionel fair warning that they would collect fees. What were they thinking? While I don't agree w/UP charging these fees, you cannot simply violate the law.

Dave V

[Anonymous]

[:-^]
I'm not sure any of you guys have read the post about the "Biltmore comodore". The guy asked of it's value. He said it had lionel written on it, and someone mentioned it sounded like a knock off from Japan. Lionel may just have to change the U.P. to something like "Union specific" Or "Unit Paific" I wouldn't mind a little tweak. Or keep the paint scheme and sell stickers and I.D.'s sperate. Can't charge people for customizing their trains right?
The little extra work seems like fun anyway.

Angelo

[Anonymous]

Of course UP is within their rights. And don't be surprised if GM or whomever makes these huge train engines sues Lionel for making models of their machines without permission. I mean look at FORD, CHEVY and the rest. When you buy a NASCAR toy they have copyrights for all the cars listed on the back of the packaging.

[Anonymous]

As I understand the law (and remember, I'm no lawyer), UP is perfectly within their rights to start charging for the use of their current logo & trademarks on model & toy trains. Whether Lionel, Athearn, or you or I want to pay that fee doesn't matter; it's their right & we have to pay it.

Where UP gets in trouble is the demand for payment on logos & trademarks for railroads that UP absorbed & no longer exist for which UP has not charged fees in the past. Since these entities no longer exist, and since UP did nothing to preserve the trademarks, they cannot charge royalties for the use of those logos.

We'll see how everything works out when it goes to court.

Tony

[spankybird]

I agree Joe,
See my posting on the UP poll. I see that UP HAS the right to charge, but do they have to. Santa Fe paid Lionel to produce trains with thier color and logo in the fiftys.

Maybe this is why so may of the Lionel trains were Lionel Lines and not a specific RR name.

tom

[JFermani]

Tom,

My main bug with UP is that Lionel has been using their trademark for years and UP never charged them. How can a company, legally, decide that it now wants to start charging for the use of the logos? I just don't understand how this is possible.

Joe

[spankybird]

UP makes a good point, Lionel makes a money off the use of their Name – Logo – trademark.

Joe, you should post this on the UP poll also


tom

[JFermani]

Union Pacific is sueing Lionel and Athearn for trademark violations. CTT what can you find out about this? Can UP really start to enforce trademarks which have been used by Lionel for the past 100 years?

Here is the link to the UP statement:

http://www.uprr.com/newsinfo/modelrail.shtml

Joe