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MOPAC might live again!!!!!!!!!!!!!!!!!!!!!!! Up loses Lawsuit!!!!!!!!

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MOPAC might live again!!!!!!!!!!!!!!!!!!!!!!! Up loses Lawsuit!!!!!!!!
Posted by Anonymous on Tuesday, July 12, 2005 6:14 PM
Did anyone hear the union pacific lost their lawsuit
They said if Union pacific wants to collect money on modeling rights, they have to start repainting rollingstock and locos in fallen flags, WP, SSW, Sp, CNW, MOPAC!!!!!!
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Posted by Anonymous on Tuesday, July 12, 2005 6:58 PM
I guess that would be "rissen flags."

Mitch
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Posted by Anonymous on Tuesday, July 12, 2005 7:29 PM
Oh my God you killing me now,LOL......Don't make me LAUGH! Im on the ground Laughing so had that I can't control myself right about now[(-D]. I just love it[(-D]. Another one bites the dust. Allan.
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Posted by Anonymous on Tuesday, July 12, 2005 7:34 PM
An even more interesting observation; from where I hail from a rissen is also a name for a carbunkle or a boil. I wonder how UP works that kind of thing out? Pun intended
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Posted by greyhounds on Tuesday, July 12, 2005 7:40 PM
I have absolutely no idea why they want to hang on to the identities of MOP, Katy, Rio Grande, Northwestern, SP, etc.

I can see them protecting their UP brand, that's important. If they let it become common use, they'll loose it. Anyone could call themselves "Union Pacific Transportation" or "Union Pacific Pizza" for that matter. But why try to hang on to "Rio Grande". It's gone like a freight train.
"By many measures, the U.S. freight rail system is the safest, most efficient and cost effective in the world." - Federal Railroad Administration, October, 2009. I'm just your average, everyday, uncivilized howling "anti-government" critic of mass government expenditures for "High Speed Rail" in the US. And I'm gosh darn proud of that.
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Posted by coborn35 on Tuesday, July 12, 2005 7:52 PM
I agree. Knowing UP, they probably will repaint some units just to make modelers pay more.
And as for UP hanging on to them, they are UP:Un Protected

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Posted by Anonymous on Tuesday, July 12, 2005 7:53 PM
Okay so what about the fact that CSX had the WM,B&O and C&O still painted on there locos years after the takeover
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Posted by Anonymous on Tuesday, July 12, 2005 7:55 PM
QUOTE: Originally posted by Peterson6868

Okay so what about the fact that CSX had the WM,B&O and C&O still painted on there locos years after the takeover
To poor to paint or to proud to white wash????
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Posted by coborn35 on Tuesday, July 12, 2005 7:56 PM
At the time might not have had enough money.

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Posted by ericsp on Tuesday, July 12, 2005 8:13 PM
QUOTE: Originally posted by coborn35

I agree. Knowing UP, they probably will repaint some units just to make modelers pay more.
And as for UP hanging on to them, they are UP:Un Protected

Not locomotives, rather freight cars. I have seen DRGW 15564 and DRGW 310303 with both DRGW logos. I saw the Center-flow a year or two ago. I have also seen a photograph of a Cotton Belt Center-flow hopper that had SSW's logo on it. UP has been doing this for a few years, so if it has anything to do with the lawsuit, it was insurance incase the appeal was not successful. By the way, the paint schemes look nothing like how either company painted its cars.

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Posted by dknelson on Wednesday, July 13, 2005 8:20 AM
I am relying on my memory here (dangerous practice) but for some years Mobil Oil used to carefully release a carton or two of motor oil into commerce that used its old trademarks, including the "flying horse" and some other old trademarks, after it had stopped using them for most new products. The sole purpose was to retain the right to renew its registered trademarks. They asked the stores to which these cartons were shipped to make very careful note that that cans of oil were actually sold to customers and not kept as souvenirs by the store owners.
I have not read this lawsuit opinion but I suspect the lawyers who labor for the Union Pacific are coming up with ideas along those lines. I have in fact seen some freight cars with CMO reporting marks, presumably to free up the number series for other cars. Whether that is an actual use of the CMO trademark or not sufficient to give them rights to license $$ for true Omaha Road models I cannot say.
The other alternative I guess is that the decision was that their rights to these old marks were irretrievably lost due to misuse as railroad names and are now fair game for anyone.
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Posted by csmith9474 on Wednesday, July 13, 2005 9:39 AM
I cannot find any information on this lawsuit. Does anyone have a link??
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Posted by spbed on Wednesday, July 13, 2005 10:21 AM
Yes somebody told me that in Grand Island NE in mid May & I posted it. The way it was told me was the judge said use it or lose it. That maybe why those 3 CNW locos mentioned in the Trains magazine are roaming the UPRR tracks these days. [:o)][:p][:)]

Originally posted by 06archerd

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Posted by coborn35 on Wednesday, July 13, 2005 10:43 AM
QUOTE: Originally posted by spbed

Yes somebody told me that in Grand Island NE in mid May & I posted it. The way it was told me was the judge said use it or lose it. That maybe why those 3 CNW locos mentioned in the Trains magazine are roaming the UPRR tracks these days. [:o)][:p][:)]

Originally posted by 06archerd


Either that or UP was to lazy to repaint them.

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Posted by Chris30 on Wednesday, July 13, 2005 6:59 PM
I'm no lawyer... but the UP will appeal this decision and their lawyers will argue that the old fallen flag paint scheme is still under the new UP paint scheme.

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Posted by wctransfer on Wednesday, July 13, 2005 7:25 PM
Speaking of this, i saw a brand new CNW boxcar , and NO GRAFFITI! That will only last a week but o well.

Alec
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Posted by Anonymous on Wednesday, July 13, 2005 9:59 PM
If this does occur it wil most likely be 1 car painted. Im sure the entire fleet will not be painted in Rio Grande Gold and black
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Posted by ericsp on Wednesday, July 13, 2005 11:02 PM
QUOTE: Originally posted by CHPENNSYLVANIA

If this does occur it wil most likely be 1 car painted. Im sure the entire fleet will not be painted in Rio Grande Gold and black


I am sure you are correct about not repainting the entire fleet. However, I have seen two DRGW cars repainted like this, a Center-flow hopper and a gondola type coil car. The hopper was light gray and the coil car was black.

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Posted by spbed on Thursday, July 14, 2005 6:55 AM
Yes the person told me the judge said it has to be in operation & displayed. If you would look at my web site you will see a DRGW loco leading a UPRR train @ Pedersen UT. I also saw the CNW lifesaver loco @ Gibbons NE. Also I have seen at least 5 or so SPRR locos unpatched recently.[:o)][:p][:)]


Originally posted by ericsp
[

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Posted by DPD1 on Thursday, July 14, 2005 1:55 PM
QUOTE: Originally posted by greyhounds

I have absolutely no idea why they want to hang on to the identities of MOP, Katy, Rio Grande, Northwestern, SP, etc.


Because it gives their legal people something to do, and they can keep collecting their cushy salaries and perks.

Finally a court has the nerve to stop this kind of nonsense for once.

Dave
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Posted by Anonymous on Thursday, July 14, 2005 3:14 PM
Personaly I could careless weather the UP charges extra for their STUPID Retarded Logo. Besides! UP SUCKS anyway!
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Posted by dknelson on Thursday, July 14, 2005 4:52 PM
The problem, Allan, is not that UP wants money to reproduce its logo but it wants money for models of railroads that disappeared decades ago such as the Chicago Great Western. Which was bought by the C&NW in the late 1960s. Which in turn was bought by the UP around 1995. Ditto the Minneapolis & St Louis and other long since fallen flags that were bought by railroads the UP then acquired. They are on solid legal ground as regards the shield logo and other current logos. The issue here is railroads which no longer exist but which some of us still model, or would like to model
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Posted by coborn35 on Thursday, July 14, 2005 5:07 PM
QUOTE: Originally posted by BNSF railfan.

Personaly I could careless weather the UP charges extra for their STUPID Retarded Logo. Besides! UP SUCKS anyway!

First off, how come I get flamed for saying UP sucks and he doesnt??? (no offense Allan) Second of all, the UP logo is not the issue. The issue is the logo's like the SP and C&NW and MOPAC.

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Posted by Anonymous on Thursday, July 14, 2005 5:09 PM
QUOTE: Originally posted by coborn35

QUOTE: Originally posted by BNSF railfan.

Personaly I could careless weather the UP charges extra for their STUPID Retarded Logo. Besides! UP SUCKS anyway!

First off, how come I get flamed for saying UP sucks and he doesnt???
Consider the sourse.
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Posted by zapp on Thursday, July 14, 2005 5:19 PM
We use the reporting marks from the fallen flags because there just aren't enough numbers for the amount of cars. Not to mention it's cost prohibitive to renumber a railroads fleet.
And to BNSF railfan, I'm a third generation railroader,and my father (worked for GM&O,IC,CN) told me before I hired on UP "that all railroads are the same,they just paint there engines a different color!"
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Posted by csmith9474 on Thursday, July 14, 2005 5:36 PM
Why does Union Pacific suck??[?]
Smitty
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Posted by zapp on Thursday, July 14, 2005 5:39 PM
Are you asking me?
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Posted by csmith9474 on Thursday, July 14, 2005 5:42 PM
Anybody. Not that I am taking sides, but what's the aggression towards the UP?
Smitty
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Posted by zapp on Thursday, July 14, 2005 5:52 PM
There is a wall between management and labor,and that goes for most RR's,not just UP.
You have to scunitize every check. The crew callers are forced to break agreements jus to fill train crews. Some of the callers have jus bad attitudes and don't know the agreements nor do they care. Of course there are some railroaders that are the same way!
I will say that since I got mobilized for the National Guard,UP really put their mouth where there money is. UP chairman *** Davidson is a truely patriotic person(ie flags on the sides of all units,his idea)
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Posted by Anonymous on Thursday, July 14, 2005 8:39 PM
I correct that.....The UP does not suck! It's just this whole logo thing is getting very old. Im very sorry for any trouble that I have caused. Allan.

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