Three that really stand out in 'our world' of modeling are UPS, Caterpillar, and John Deere. You can't mention or use the colors, logo, descriptions, names, etc. without getting a warning shot over the bow. You'll see model builders say 'package delivery truck', 'yellow bulldozer', and 'green tractor' just to keep the lawyers at bay. Admittedly, the wider market for that stuff is huge, and they've marketed the heck out of it. Some railroads have felt envious, me thinks, and more than a few lawyers have used them as examples in a 'why not us?' world, when only the lawyers seem to benefit. To an extent, I can be sympathetic. There's a series of 'reproduction' girlie WWII style railroad posters out there that are the kind of thing that should, to most corporate types, be rather an offensive use of a corporate logo. How those have managed to stand in this era is still a puzzle to me. I once had MR reject an article of mine because it had a PHOTO of an actual business sign with "Coke" on it. I had taken a photo of the actual building and used the reduced-size sign on the scratchbuilt model - that was enough to give Kalmbach pause. Yikes. In my professional work, I once approached a major movie studio about a licensed promotion concept for a client and didn't just get a "hell no", I got legal notice of copyright violation from their attorney for even asking the question of permission and licensing.
Maybe you should remind them that, back in the proverbial day, some of the railroads used to pay Lionel for them to produce trains in their roadnames - not the other way around, as it seems to be trending today.
Intermountain just (re-)announced their new SD40-2 with two liveries of the G&W group: http://intermountain-railway.com/n/html/69391.htm (G&W: Marquette Rail) http://intermountain-railway.com/n/html/69392.htm (G&W: Alabama & Gulf Coast) These two are using the current orange G&W paint scheme and G&W logo, though in the specific declination of the two railroads. I would suspect that G&W would protect their brand for the whole group and not only for those marked G&W. So either IMR got a deal with them or G&W missed this one ...
How long as G&W been around for? Because there's a legal precedent that says that if you allow people to violate your IP for a certain amount of time, you aren't legally allowed to suddenly start enforcing it.
Seems to me that a few of the companies have indeed backtracked, including UP. Hmmm. But you be up against the almighty corporate dollar, to fight them.
How do you think Warren Buffet made all his $Billions, was by screwing the little guy who likes making train models.
well I guess it is time to replace my GW shell on the MP15 now..... am I allowed to sell it without having to share the profit with them since it has their logo on it..........................
Unfortunately, he can't as it violates Trainboard policy http://www.trainboard.com/highball/index.php?threads/policy-other-forums.82366/
I had no impression that the mentioned information would fall into this policy restriction, but I'm not familiar enough with this forum...
It should be OK. It is used as an aid to a conversation. The problem comes when folks refer members away from here, to use another place.
