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(copied from that Other thread... wish I could have easily linked this instead) ... and then there' s the possibility that a model manufacturer can claim unfair trade practice ... that the UP charges more for a license than it's worth, and that other "features" of their agreement are onerous and can bankrupt a modelling manufacturer. There's these questions - for instance- If the UP wants the molds and templates of produicts "no longer in production" (if that's what they specify)... How would the UP make an assetion that the railroad is entitled to its possession without having "ordered" or "specified" or otherwise compensated the manufacturer for the product? What constitutes a cessation of production? A year? a month? A break for vacation? A wait for resupply of materials? (Athearn is NOW selling a flat car with load that I bought in 1962!) Does the UP intend to cover shipping of tooling from China? Any financial burden attached to the model manufacturer can come with the assertion that it is intended to drive them from the business without any criminal act other thatn using what is obvious to the casual observer - and is thus an unfair trade pracice. Not that I'd encourage anyone to use a TM without permission... but the UP needs to examine how this opens the UP to legal complaint and what this enforcement does to its _potential_ licensees. ---- ---- ---- ---- ---- ---- ---- ---- And then there's the possibility that the RR's can use those un-heralded cars as rolling billboards... the income would FAR surpass the licensing fees! And- to further the arguements expressed above by dehusman - the company that made _Fruit of the Loom_ underwear was not "Fruit of the Loom"... FotL was a trademark - only! The company made Nothing! And it (the TM) was owned by a railroad (one of those with Pacific in its name - I recall NP... I may be wrong).
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