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MTH negotiates new Union Pacific licensing deal for all Locked

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Posted by Paul3 on Sunday, November 12, 2006 11:38 AM

Antonio,
If Walthers or Atlas bashed BLI, I think the reaction would be the same to MTH's heavy handed approach.  Why?  Because up until MTH did it to BLI, when was the last time you ever saw negative advertising in the hobby? 

In HO scale, cooperation has been much more embraced than the oft-times adversarial O scale market.  Led by example by the NMRA and the old-timers like Irv Athearn & the MDC/Roundhouse owner (whose name escapes me).  Athearn and MDC tried to stay off each other's toes as much as possible by not releasing the same exact models, which is why it made sense to merge the companies.  Can you imagine MTH and Lionel cooperating like that?  I can't.

If Athearn were to release an anti-P2K ad in MR, I would be shocked and just as annoyed with them as I am with MTH for their advertising approach.

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Posted by AntonioFP45 on Sunday, November 12, 2006 8:42 AM
 SpaceMouse wrote:

Maybe it's just me, but something just doesn't smell right.

I admit I don't know any of the details, but this smells of spin doctoring. Like maybe UP was looking for a way out of the bad PR and Mike gets the benefit of being in the right place at the right time.

Anyone else picking up that scent?

We are talking about the guy that refused to work with the NMRA on DCC and wants nothing to do with any other manufacturer.

That's a very interesting point to ponder!  UP's brass has been trying to clean up their company's image for several months now.  (this past summer there was a bit of fanfare with a UP/ Boys Scouts of America passenger special).

Even if this positive news can be partially or wholly contributed to Mr. Wolf, he has a very long way to go in patching up the holes he helped rip into the HO and N scale arenas that shook up the Command Control market and helped foster the Anti-MTH attitudes from modelers around the globe.   

Recently the MTH K4 hit the market.  Yet, so much of that "hoopla" has, surprisingly, died down.   MTH's advertisement "bash" against BLI probably didn't help sales very much.  Mr. Wolf likely knows by now that the advertisement's controversial wording was an incredibly dumb move that helped to turn off more potential HO customers. 

Trainfreak, Spacemouse

you both make very good points but isn't it funny how life is?  If Walthers or Atlas had bashed BLI in an advertisement, we probably wouldn't have even blinked and likely have chuckled about it.  But when you have earned a bad reputation, let's face it.....whenever you burp everyone pays attention to it, they document how loud it is, and how long it lasts.   That's life! 

 ( A financially "well off" HO Pennsy modeler at my club has vowed never to buy any MTH products......This is a guy who buys 3 or 4 expensive HO locos at a time!  The mere mention of Wolf or MTH at my club still stirs up frowns and snickers. ) 

IMHO, to be fair to the man, Mike Wolf could truly become a hero to many more modelers in the HO and N scale worlds if he would publicly announce a willingness to establish a positive working relationship with the NMRA.  This would have helped him in the very beginning.  He should try this very soon while he has some positive publicity on his side.    

If Mr. Wolf decides to take this route, he should post a letter in magazines like MRR and RMC and state the intention with sincerety.......minus any fanfare or arrogant "we have the best technology" overtones.   Afterwards his actions would speak out for themselves. 

 

 

"I like my Pullman Standards & Budds in Stainless Steel flavors, thank you!"

 


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Posted by sundayniagara on Sunday, November 12, 2006 7:52 AM
Although this move doesn't dig Mike out of the hole he dug himself into with this dcc/dcs stuff, it goes a long way.  In my mind, Mike wins the "BIG PAIR" of the year award.
Mark
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Posted by Texas Zepher on Sunday, November 12, 2006 12:29 AM
 SpaceMouse wrote:
Anyone else picking up that scent?
Yes, that is what I was alluding to in my post, back on page 1, of this thread when I mentioned that earlier this summer I had heard unoffically from the upper ranks of UP that they were "reconsidering" their position on this point.
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Posted by SpaceMouse on Saturday, November 11, 2006 5:33 PM

Maybe it's just me, but something just doesn't smell right.

I admit I don't know any of the details, but this smells of spin doctoring. Like maybe UP was looking for a way out of the bad PR and Mike gets the benefit of being in the right place at the right time.

Anyone else picking up that scent?

We are talking about the guy that refused to work with the NMRA on DCC and wants nothing to do with any other manufacturer.

Chip

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Posted by TrainFreak409 on Saturday, November 11, 2006 8:15 AM

 phatkat64 wrote:
 TrainFreak409 wrote:

This is true...But I have always been a supporter of MTH and Mike Wolf. He's a nice guy in person, even if his business tactics are unorthodox. I think Mike is doing a great thing for the hobby.

He is a nice guy. I met him too. As far as being good for the hobby, yes, this was a huge dragon slain!

However, he will still do patent battles with the other model manufacturers, driving up our costs further with more litigation fees and subsequent penalties.

I still believe that the only reason he put out his HO scale Pacific, was to lock out other companies from using speed control and synchronized smoke, and integrating similar features into their DCC/sound packages. He did this in O scale years ago.

HO scale has only seen the beginning of the over litigious environment that has plagued O scale/gauge, and drove those prices out of the reach of the working man for the good stuff!

Still, kudos for this victory!

I can understand why he would battle manufacturers for patent infringement. As horrible as it is...It's business...UP did have a right to license their logo, but it just seemed stupid after letting railroads use it for all these years without charge; it's not like a poor UP model will hang a grey cloud over Union Pacific as a railroad. But it was business there too. MTH has the right to the way it uses its technologies.

-On a personal note; I think the lawsuits and all are stupid...But I'm not a businessman, either. Tongue [:P]Wink [;)] -

As far as the HO scale thing goes...Lionel has had multiple shots at HO scale over the years...Do you think MTH would just sit there and watch their greatest competitor try to tap into a new market without them? And why would MTH put anything different than ProtoSounds in their HO scale models, when ProtoSounds 3.0 is an awesome system?

But there are always ways around patents...And in the case of MTH's speed control and smoke...If you don't use a reader to determine how fast the black and white stripes on the motor's flywheel is spinning...You dont' infringe their patents. Evil [}:)]

Scott - Dispatcher, Norfolk Southern

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Posted by phatkat64 on Saturday, November 11, 2006 3:08 AM
 TrainFreak409 wrote:
 ericboone wrote:
 TrainFreak409 wrote:

MIKE WOLF IS MY NEW HERO!

Remember, even Al Capone gave Christmas presents to the poor children in Chicago.  Maybe this is the first sign that Mike Wolf has changed his spots.  Time will tell.

This is true...But I have always been a supporter of MTH and Mike Wolf. He's a nice guy in person, even if his business tactics are unorthodox. I think Mike is doing a great thing for the hobby.

He is a nice guy. I met him too. As far as being good for the hobby, yes, this was a huge dragon slain!

However, he will still do patent battles with the other model manufacturers, driving up our costs further with more litigation fees and subsequent penalties.

I still believe that the only reason he put out his HO scale Pacific, was to lock out other companies from using speed control and synchronized smoke, and integrating similar features into their DCC/sound packages. He did this in O scale years ago.

HO scale has only seen the beginning of the over litigious environment that has plagued O scale/gauge, and drove those prices out of the reach of the working man for the good stuff!

Still, kudos for this victory!

Carmine, CEO, CE, and Chief Bottle Washer - the Pacific Belt RR, in HO scale

Founded by myself, 1975!

How are we going to get new recruits, when we ourselves are being priced out of the hobby!! Take your trains out of the box and play with them! That's why they were made! 

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Posted by twcenterprises on Saturday, November 11, 2006 1:11 AM

Dang!  Now I gotta go and change my signature!!  I guess UP doesn't stand for Utterly Pathetic any more!

Brad

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Posted by jimrice4449 on Friday, November 10, 2006 10:30 PM
Of all the posts only one mentioned the recent change in the UP top management team!   It would seem that one of the criteria was the applicant having an IQ expressed in three digits.
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Posted by One Track Mind on Friday, November 10, 2006 1:39 PM
Guess people don't read every post. YES Athearn, for one, has already confirmed that any UP or an UP-related road name item's price will now be lowered to the MSRP for non-UP items.
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Posted by n2mopac on Friday, November 10, 2006 1:22 PM

The real question here is are all of those model railroad manufacturers going to lower their prices on their UP equipment? This could be where thereal consipiracy comes into play. Wink [;)]

Ron

Owner and superintendant of the N scale Texas Colorado & Western Railway, a protolanced representaion of the BNSF from Fort Worth, TX through Wichita Falls TX and into Colorado. 

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Posted by drgw/wpfan on Friday, November 10, 2006 10:19 AM
Davidson out, sanity in.  Many thanks to all who were successful in the fight.  Now maybe we can concentrate on being modelers and UP can concentrate on being a great railroad.
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Posted by dinwitty on Thursday, November 9, 2006 9:47 PM
I like the UP, but I sure don't want to be paying extra licensing fees when I go to decal my Bowser 4-8-8-4....


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Posted by TrainFreak409 on Thursday, November 9, 2006 8:00 PM
 ericboone wrote:
 TrainFreak409 wrote:

MIKE WOLF IS MY NEW HERO!

Remember, even Al Capone gave Christmas presents to the poor children in Chicago.  Maybe this is the first sign that Mike Wolf has changed his spots.  Time will tell.

This is true...But I have always been a supporter of MTH and Mike Wolf. He's a nice guy in person, even if his business tactics are unorthodox. I think Mike is doing a great thing for the hobby.

Scott - Dispatcher, Norfolk Southern

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Posted by Eddie_walters on Thursday, November 9, 2006 7:01 PM
<BLOCKQUOTE><table class="quoteOuterTable"><tr><td class="txt4"><img src="/trccs/Themes/default/images/icon-quote.gif">&nbsp;<strong>Paul3 wrote:</strong></td></tr><tr><td class="quoteTable"><table width="100%"><tr><td width="100%" valign="top" class="txt4">Actually, NYC rights are held by American Premier Underwriters (APU), which is what Penn Central is called these days.  Yes, they are still around, and still own Grand Central Terminal.</td></tr></table></td></tr></table></BLOCKQUOTE>

This information seems to be out of date - I looked up the NYC and PRR trademarks at the US Patent & Trademark Office (http://www.uspto.gov/main/search.html), and they have both expired. There was an attempt by an individual to register them as trademarks related to Model Railroads a few years ago, but apparently the application was rejected.

I think I'm correct in saying that generally speaking, if a trademark has been abandoned and is already in use in the MRR world (I find it unlikely that it wouldn't be!), then I doubt that any new trademark on that name/logo would be valid.
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Posted by Anonymous on Thursday, November 9, 2006 5:07 PM

Now maybe I can buy some of those previously licensed products again. What joy!

 

MAYBE.

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Posted by jondrd on Thursday, November 9, 2006 4:48 PM
Ron,

It always strikes me how Hollywood comes up with movie titles that become applicable to the real world. Re your observation, "Back to the Future"

Another one that I find brilliant and oh so applicable is "Dumb and Dumber". Almost without saying this title occurs to me almost every time a politician opens his/her mouth.

Jon
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Posted by jondrd on Thursday, November 9, 2006 4:37 PM
Tom,
With BLI announcing a streamlined 20th Century Hudson that may happen! Keep the boxing gloves handy.
Did you see Trainworld deal on P2K sound U28B's NYC at $99. Probably not your era, definitely not mine. Oh well......
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Posted by cefinkjr on Thursday, November 9, 2006 2:37 PM

We all -- even those of us who do not model UP or any of its "merged" roads -- owe Mike Wolf and Nils Huxtable a big "Thank You". Bow [bow] Bow [bow] Bow [bow]

Now it's about those "SD70ACe locomotives in UP colors and bearing the logos of model railroad manufacturers and the Union Pacific".  I hope that's a two way street and UP will paint at least one SD70ACe with the logos of the model railroad manufacturers.  This would avoid having models with no prototype but which would be the model and which would be the prototype?  Question [?]

Chuck

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Posted by One Track Mind on Thursday, November 9, 2006 2:33 PM

Hey guys - just remember.....although it sounds like Mike Wolf deserves a lot of credit.......

PLENTY of other folks - including a fair amount of whining by certain model train shop owners, wink wink - were in on trying to get this reversed.

Just got off the phone to confirm that apparently as far as Athearn products are concerned, any UP-related item that was priced higher due to all this stupidity is now going to go back to the same MSRP that would be on a non-UP related item.

This is very very good news.

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Posted by AntonioFP45 on Thursday, November 9, 2006 1:14 PM

 Fergmiester wrote:
Though I appreciate Mr Wolf's efforts.

A wolf despite the sheep skin clothing will always be a wolf...

Hopefully though, he will continue to contribute positively to the hobby.  I think in the long run if we see no more proprietary style lawsuits from MTH that adversely affect the hobby, many modelers that distrusted and disliked Mike Wolf and MTH may be in a much more forgiving mode.

Uh, but let's not forget that this benefits his company as well.

"I like my Pullman Standards & Budds in Stainless Steel flavors, thank you!"

 


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Posted by n2mopac on Thursday, November 9, 2006 1:12 PM

Is it just me, or was an aweful lot of time, energy, and money (not to mention cyber space in threads and posts here and on other sites) wasted just to bring all full circle to exactly where we started? Just a thought.

Ron

 

Owner and superintendant of the N scale Texas Colorado & Western Railway, a protolanced representaion of the BNSF from Fort Worth, TX through Wichita Falls TX and into Colorado. 

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Posted by trainboyH16-44 on Thursday, November 9, 2006 1:03 PM
Not ANOTHER Big Boy!

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Posted by CAZEPHYR on Thursday, November 9, 2006 12:01 PM

Maybe now we will get the best ever MTH Big Boy in HO now, or a Challenger, or maybe one of the FEF-3. 

Does this mean Union Pacific will now use DCS to run their railroad?    

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Posted by StillGrande on Thursday, November 9, 2006 11:02 AM

Rats!  Now I won't get all the dirty looks at the train shows when I wear my UP jacket. 

It is nice to see someone finally woke up and figured out you don't need to provoke the harmless.  Still sounds like they won't let you have a green UP locomotive with pink lettering, but won't charge people to do it right. 

Dewey "Facts are meaningless; you can use facts to prove anything that is even remotely true! Facts, schmacks!" - Homer Simpson "The problem is there are so many stupid people and nothing eats them."
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Posted by Fergmiester on Thursday, November 9, 2006 10:59 AM
Though I appreciate Mr Wolf's efforts.

A wolf despite the sheep skin clothing will always be a wolf...

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Posted by Anonymous on Thursday, November 9, 2006 10:46 AM
About time sombody spoke up to UP aboput their "licensing program". They may have actually learned that they can't get away with it- after all, even CGW stuff was higher because CGW went into C&NW and C&NW went into UP. Makes no sense- I s'pose UP should've taxed Minnesota & Northwestern stuff too (predecessor to CGW)
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Posted by Paul3 on Thursday, November 9, 2006 10:13 AM

Actually, NYC rights are held by American Premier Underwriters (APU), which is what Penn Central is called these days.  Yes, they are still around, and still own Grand Central Terminal.  NYC was absorbed into the PRR, so one can assume that all rights are now held by APU.

The New Haven, fortunately, was not absorbed into the PC.  The PC only aquired the NH's RR assets, but not the company itself.  The NH corporation existed into the 1980's, so I've heard, and therefore it can be assumed with some surety that the NH logo rights are not owned by APU...especially considering that the State of Connecticut is using the NH logo for it's new commuter line equipment.

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Posted by NeO6874 on Thursday, November 9, 2006 8:55 AM
er... wouldnt that be Conrail or CSX trying to get the royalties?

now as for the heritage schemes - I wouldn't mind seeing PRR or NYC or Chessie, or B&O or anything else schemes on the locos - always seeing NS black isstarting to get boring...

-Dan

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Posted by tstage on Thursday, November 9, 2006 8:15 AM
 jondrd wrote:
May Mike leverage this agreement into embarrassing the other 1:1 scale RR's to do the right thing.

Yea!  Boy, if New York Central ever starts demanding licensing fees for the use of their logos, I can guarantee that they'll be hearing from ME personally in court!  They don't call me "Tough-as-nails" Tom for nuttin' Smile,Wink, & Grin [swg]...

Tom

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