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

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Posted by Anonymous on Thursday, July 14, 2005 8:59 PM
To begin with, I like the Union Pacific Railroad and I think they are a good company, however, I think that they were wrong to charge licensing fees for other organizations who use their logo. I think that as long as the other organizations are using the UP logo with respect and using it properly, that UP should not charge them anything. UP is simply trying to get more money, and their actions are backfiring on them and they are dealing with the consequences. I think that UP should be at least pleased that there are organizations out there who desire to use their logo on their products.
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Posted by ericsp on Thursday, July 14, 2005 10:27 PM
I saw a WP boxcar with UP's Overland logo today.

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Posted by Anonymous on Friday, July 15, 2005 12:23 AM
QUOTE: Originally posted by ericsp

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.



speaking of old cars. I have seen cars on the BNSF still painted in GN and NP schemes. so, it is not limited to the UP.
maybe everyone is too lazy to repaint rolling stock!!
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Posted by ericsp on Friday, July 15, 2005 1:15 AM
QUOTE: Originally posted by naterich89

QUOTE: Originally posted by ericsp

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.



speaking of old cars. I have seen cars on the BNSF still painted in GN and NP schemes. so, it is not limited to the UP.
maybe everyone is too lazy to repaint rolling stock!!


These cars that I refered to are not in the DRGW paint schemes. They were repainted by UP and had DRGW logos applied. Notice my last sentence of the quoted post.

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Posted by Anonymous on Friday, July 15, 2005 3:07 AM
hmmm i just saw a CP train with a D&H gp38 in its line up just 3 weeks ago

but on to the money thing dont you think that UP is spending more for there legal team than they are getting in return for useing there logo
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Posted by Anonymous on Friday, July 15, 2005 6:44 AM
I run a website at which I collect railcar numbers and put them up on the internet, I have 135 cars with SP reporting marks, 39 with SSW reporting marks, and 10 with WP reporting marks. But the shocking part is that I only have 62 with UP reporting marks. Something is wrong there.[B)]
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Posted by Anonymous on Friday, July 15, 2005 4:52 PM
The way that I look at it is.....UP should be going after the Modeling companys and NOT the Consumers like us Model Railroaders. I mean now that the UP has already done what it wanted to along time ago,We as Modelers might as well learn to accept it. Now that the CSX and UP are charging extra for their Logo. It will be a matter of time before the BNSF and NS do the same. Correction! "It's" only a matter of time. Allan.
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Posted by mudchicken on Friday, July 15, 2005 5:28 PM
Let's see if the rumors are true in about 9 days here in Denver.[;)][;)][;)]
Mudchicken Nothing is worth taking the risk of losing a life over. Come home tonight in the same condition that you left home this morning in. Safety begins with ME.... cinscocom-west
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Posted by AltonFan on Saturday, July 16, 2005 6:25 PM
Within the last 18 months, I have seen what appeared to be recently painted UP fright cars carrying Cotton Belt, Rio Grande, and C&NW heralds. I suspected this might have something to do with the licensing/trademark registration issue.

The C&NW had cars still carrying CMO and CGW reporting marks years before the UP merger. I was told part of this had to do with financing and insurance issues.

IIRC, Chessie System maintained B&O as a separate entity for years because the B&O enjoyed certain tax benefits. The B&O was finally formally dissolved when the cost of maintaining the B&O corporation exceeded the value of the tax benefits.

Dan

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Posted by Anonymous on Monday, July 18, 2005 5:32 PM
I did some checking into how all this legal stuff works. If a railroads logo becomes public domain any one can use the logo with no licensing fee, however if it did not UP is well within their rights to charge for the logos. If the logo does become public domain and the railroad repaints some cars it essentially a new paint scheme and is UP can now charge for licensing. Not a lawyer or anything but that is how it works. Licensing is where a lot of money is made; you realize that Star Wars makes much more money on the licensing than anything else.
James[C):-)]
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Posted by Murphy Siding on Monday, July 18, 2005 7:24 PM
BNSF railfan: if UP "goes after the modeling companies, and the consumers" wouldn't the outcome be the same? Any dollar that the modeling companies had pay to a railroad would be passed on in a price increase. Now wouldn't it be neat if a railroad that charged a licensing fee for the use of it's logo turn it into a PR benefit by pledging the dollars collected to a good railway cause, like preservation?

Thanks to Chris / CopCarSS for my avatar.

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Posted by Anonymous on Monday, July 18, 2005 7:49 PM
QUOTE: Originally posted by Murphy Siding

BNSF railfan: if UP "goes after the modeling companies, and the consumers" wouldn't the outcome be the same? Any dollar that the modeling companies had pay to a railroad would be passed on in a price increase. Now wouldn't it be neat if a railroad that charged a licensing fee for the use of it's logo turn it into a PR benefit by pledging the dollars collected to a good railway cause, like preservation?
I will agree!
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Posted by UPTRAIN on Monday, July 18, 2005 8:29 PM
I've seen a few of the cars with the paint schemes...Cotton Belt had SSW reporting marsk like SP's writing, and it was in block letters spelled out on the side. UP's version: SSW marks in the corner lettering of UP and a big COTTON BELT ROUTE logo on the side. Nowhere near like the old days. As far as repainting locomotives, that'd be nice, but you'll be trackside for a heck of a long time waiting on one.

Pump

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Posted by Anonymous on Monday, July 18, 2005 8:40 PM
Here is a thought on something of mutual interest of both the rail industry and the public. Have the royalties for the usage of such things as heralds on advertizing and modeling go to Operation Lifesaver. Everybody gets to win on that one and not to put to light of a point on the matter, even UP gets a little bit of positive PR JUST A THOUGHT,--------------------------------------------------- What says the forum???
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Posted by Anonymous on Monday, July 18, 2005 8:51 PM
If Rodgers & Hammerstein, for "The Sound of Music," could take an old Austrian folk song called "Edelweiss," get it registered and then charge U.S. royalties on the TUNE even when Christians put whole new lyrics on it ("May the Lord, precious Lord/Bless and keep you forever"); and then the Estate of R&H WITHDRAW the whole kit'n'kaboodle from church use even though neither the tune nor the lyrics were created by either Rodgers or Hammerstein . . . . then the UP just might get away with arguing that fallen roads are part of their heritage just to make a penny.

Personally, I think it sucks. But we live in an era where residual rights obtain thru the strangest methods. And while I'm on this rant, [soapbox] when mottoes go from creative and individualistic ("The pause that refreshens") to just plain speech ("This IS the place"; "Building America (ahem)", well I guess he who has the most lawyers wins.

If so, I expect UP to spoil the modelers' party and see no significant gain itself. Very close to an act of intellectual vandalism in the sense that it destroys property and value.[banghead]
al-in-chgo (Rogers Park)
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Posted by Anonymous on Monday, July 18, 2005 9:10 PM
QUOTE: Originally posted by smalling_60626

If Rodgers & Hammerstein, for "The Sound of Music," could take an old Austrian folk song called "Edelweiss," get it registered and then charge U.S. royalties on the TUNE even when Christians put whole new lyrics on it ("May the Lord, precious Lord/Bless and keep you forever"); and then the Estate of R&H WITHDRAW the whole kit'n'kaboodle from church use even though neither the tune nor the lyrics were created by either Rodgers or Hammerstein . . . . then the UP just might get away with arguing that fallen roads are part of their heritage just to make a penny.

Personally, I think it sucks. But we live in an era where residual rights obtain thru the strangest methods. And while I'm on this rant, [soapbox] when mottoes go from creative and individualistic ("The pause that refreshens") to just plain speech ("This IS the place"; "Building America (ahem)", well I guess he who has the most lawyers wins.

If so, I expect UP to spoil the modelers' party and see no significant gain itself. Very close to an act of intellectual vandalism in the sense that it destroys property and value.[banghead]
al-in-chgo (Rogers Park)
PL says; Carefull not to rant to hard, this is quickly becomming a can of worms. Think about how every one can win on this one. I gave an idea what's wrong with entertaining it for discusion?????
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Posted by UPTRAIN on Monday, July 18, 2005 9:14 PM
I bet someone at UP is getting it in their pocket somehow, but...I'd pay the 5 bucks for a perfectly painted model...which I do.

Pump

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Posted by Anonymous on Monday, July 18, 2005 10:41 PM
Prior Quote:
[b]"PL says; Carefull not to rant to hard, this is quickly becomming a can of worms. Think about how every one can win on this one. I gave an idea what's wrong with entertaining it for discusion?????"[b/]

Fair enough, Piouslion, it WAS a rant and I suppose labeling it as such needn't make it any more appropriate. I just get so mad, that's all! Perhaps a win-win would be if today's UP would market the old D&RGW, MoPac, Espee, etc., etc., logos and slogans on their shirts, caps, mugs, and so on. (I really like their gift shop.) Other companies are probably doing so, but the competition would be welcome. On the other hand, if other companies have well-established licensee rights to such other heritage roads' logos and/or mottoes, then I'm not sure UP should be allowed to come in and potentially "steal all the rights back" because the corporation had a twinge of nostalgia.

They say the deceased will always live as long as we have him/her in our hearts. D&RGW and Espee in particular live on in my heart because so much rolling stock has never been repainted -- I see it in Rochelle every time I'm there!!
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Posted by Anonymous on Tuesday, July 19, 2005 3:38 PM
Allen: I have never heard of a company that did not know the need for good press. IF UP is listening (and they are, bet on it), a respectfully given suggestion from those that make up the best part of their PUBLIC IMMAGE (us) may be one of the best things that could happen for our hobby, the rail industry and those that work in it. The reason I say this is that railroaders and to some extent railroads themselves have long had strained relations with those of us that still love and follow the industry. Something positive like the suggestion that I proposed may be a good step forward in all cases. Who knows, they might even say thank-you to us for helping them out. ------MY [2c]
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Posted by AntonioFP45 on Tuesday, July 19, 2005 3:49 PM
06Orcherd, ...

Please, go next door to the Model Railroad forum and post your info over there as well. Many of the modelers would appreciate knowing your info!

You too, DKNelson...

Thanks! [8D][tup]

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

 


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Posted by Anonymous on Wednesday, July 20, 2005 10:10 PM
Yes, please do.
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Posted by Noah Hofrichter on Saturday, July 23, 2005 8:48 PM
Here's the sticker.....

The UP has sent two SD70ACe's to the Wisconsin and Southern Paint Shop in Horicon. According to a WSOR employee, at least one unit is to leave the paint shops wrapped in a tarp........... rumor has it that this is one of several units contracted out to small paint shops like Horicon to be painted in prior road paint. One employee I know has seen it, but he can't give any information out, just that it's in a special scheme, and he didn't tell me the prior road thing either, that was told to me by another railfan.

Noah
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Posted by ericsp on Saturday, July 23, 2005 11:12 PM
It certainly would be nice if they paint at least one SD40T-2 for SP, SSW, and DRGW each.

"No soup for you!" - Yev Kassem (from Seinfeld)

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Posted by Anonymous on Monday, July 25, 2005 10:51 AM
QUOTE: Originally posted by spbed

the judge said it has to be in operation & displayed. [:o)][:p][:)]


Originally posted by ericsp
[

[#ditto][#ditto][#ditto]
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Posted by Anonymous on Monday, July 25, 2005 11:00 AM
Personally,I dont see Union Pacific doing anything in regards to painting freight cars or locomotives in any fallen flag railroads.When they can start to run a railroad,like a railroad,then lets talk. A shareholder/employee for UP stated a while back "why are we wasting money on trademark issues when we should be running a railroad"? NOT one person in the meeting had an answer.The shareholder is also a model railroader.
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Posted by Noah Hofrichter on Monday, July 25, 2005 9:11 PM
Well, here's a little bit of interesting information. I got it off of the WSOR yahoo group, but it appears to be an offical release from somewhere.

"Celebrate Union Pacific's Proud Heritage
Plan now to attend the Heritage Celebration, Saturday, July 30, 11 a.m.
to 2 p.m., at the northeast corner of Qwest Center Omaha.

Bring the family and join friends and co-workers to celebrate Union
Pacific's proud heritage. See No. 844 - Union Pacific's "Living Legend"
- as it returns to Omaha for the first time since 1998. Enjoy
interactive displays and special events honoring the people and
railroads that are a vital part of our past, and our future - including
the unveiling of the first of several special tributes to our Heritage
Railroads.

There will be live music, mini-train rides and prizes for kids, free hot
dogs while they last, plus a special grand prize drawing.

You must bring your Employee ID for access to the Heritage Celebration.

Nearby parking is available in the city lot adjacent to the event for $6
per vehicle."

Noah
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Posted by Gluefinger on Monday, July 25, 2005 9:47 PM
UP 8379- Mopac (blue plow)
UP 8383- MKT or CNW? (green plow)

That's based off the plows- the rest of the locomotives were completely tarped. However, it would make more sense that the 83 was a WP engine, since 1983 was the year the merger finally went through.
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Posted by ValorStorm on Friday, July 29, 2005 2:03 AM
QUOTE: Originally posted by 06archerd

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!!!!!!
(No one's going to read this...) The likelihood of a lawsuit brought to bear against someone's regulation of their own copyright is very slim. The likelihood of a successful judgement resulting against those same rights is slimmer.

On a related note, "BNSF Railfan" is entitled to his own prepubescent opinion.
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Posted by Anonymous on Friday, July 29, 2005 8:16 AM
QUOTE: Originally posted by ValorStorm

QUOTE: Originally posted by 06archerd

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!!!!!!
(No one's going to read this...) The likelihood of a lawsuit brought to bear against someone's regulation of their own copyright is very slim. The likelihood of a successful judgement resulting against those same rights is slimmer.

On a related note, "BNSF Railfan" is entitled to his own prepubescent opinion.
What are you talking about?
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Posted by wgnrr on Friday, July 29, 2005 5:27 PM
The week of frontier days in Cheyenne, we were out on the overpass over the yard, and I was suprised to see a coal hopper lettered "CMO" (The Omaha Route). I never knew that to have a trademark for a railroad they had to have a car lettered for it. Who knows what you might see next to the 844 in a yard?
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