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UP to sue Model Railroaders
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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: <br /> <br />"Model Railroad Licensing Program <br />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. <br /> <br />Highlights of the program include: <br /> <br />A rate structure for model train manufacturers that is significantly below industry licensing standards. For example, on a $10 item royalty rates are pennies. <br />Continuing support of licensees with graphic standard compliance and new product introductions. <br />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. <br />The opportunity to benefit from Union Pacific's increased investments in public awareness advertising and programs. <br />Union Pacific defends trademarks <br /> <br />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. <br /> <br />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. <br /> <br />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. <br /> <br />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. <br /> <br />Union Pacific will continue reviewing applications and welcomes new licensees." <br /> <br /> <br />
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