Not sure if this is news or not, but its from a newsgroup Im on. Well I guess it had to come eventually, and they going after two of the big names too. Here's a link to UP's press release: http://www.uprr.com/newsinfo/modelrail.shtml Here's the suing part: "Union Pacific defends trademarks Union Pacific Railroad Company has filed a complaint in U.S. District Court for the District of Nebraska naming as defendants Lionel, L.L.C. and Athearn, Inc. The defendants are model railroad manufacturers who have refused to enter into licensing agreements for their commercial use of Union Pacific trademarks. The complaint alleges claims of infringement of federally registered trademarks, trademark dilution under § 43(c) of the Lanham Act, Unfair Competition under § 43(a) of the Lanham Act, common law trademark infringement, unfair competition, and violation of the Nebraska Uniform Deceptive Trade Practices Act. Union Pacific believes it is imperative that it defends its trademarks against unauthorized use by Lionel and Athearn. Both companies repeatedly have rejected Union Pacific's lawful licensing requests. Not only have Lionel and Athearn failed to license use of Union Pacific's historic trademarks, they have violated trademark protection laws by producing new models featuring Union Pacific's latest "Building America" branding and advertising campaign. Union Pacific notes that Lionel has a very active licensing program that protects its own trademark. It is difficult to understand why Lionel and Athearn believe they are above the law, while more than 60 other manufacturers, including many model railroad manufacturers, have licensed their Union Pacific products in accordance with the law." I like the part about Lionel protecting their trademark - it only seems to work one way I guess!
There'll be at least one immediate defense by the model companies. That after many, many decades, with UP fully aware that this was ongoing, and doing/saying absolutely NOTHING, suddenly UP has decided to act. Were I on a jury, I'd not be able to agree with UP. At best, it looks quite odd, and very pathetic on their part. But these are the mismanagers our "higher education" system is grinding out today..... Bxcab E50
Not surprised. Same railroad that nearly kills a local highschool student and then sends the family a bill for damages. They at least later called this a mistake but the damage to the family was already done. You would think they would look at this a free press and promotion of their line over another.
Boxcar hit it with his last line 100% correct.. Darren LMAO on your last line! Common sense went out the window many years ago...
I wonder if Disney pays for it's use of a full size funit in Wester Pacific colors with Feather River Route logo on the front and California Zepher cars? It has this at DCA or Disney's California misAdventure. Disney used to have an agreement with Santa Fe where Santa Fe paid Disney to have SantaFe logos on all the train equipment and have the Engines named after Santafeians C.K. Holliday, E.P. Ripley, Ernest S. March and Fred Gurley. To my knowledge, Disney paid not one red cent and in fact got money for this free advertisment. What a ridiculous World we live in now.
Now this is interesting, as Athearn have been charging more for at least some of the UP-family items, see their SD50 listing here: http://www.athearn.com/RTR/sd50/sd50.html
I think everyone should go to U.P.'s "feedback" web site and let THEM know what you think. http://www.uprr.com/info/feedback.shtml Yesterday, I sent them this... I hope Loinel and Athern both kick your RR's arrogant swine's posterior in the courtroom. What a GREAT PR move on your part! I'll be stripping the harborslop gray/ monkeydung yellow off all my stuff 'cause I won't even be able to give it away now. Anyone would be crazy to buy it. There won't be anything to collect on because no one will want it anyway. In the event you win this battle, rest assured, by your legal action, you've already lost the war. And Athern and Lionel have already won! The gall you have to try to collect on railroad names which, after eating them up, you are so ashamed of them, you're stripping their identity and repainting in U.P. Somehow you're warped enough to want to charge someone to have something you won't have yourself. I'm doing the same thing with my U.P. models. STRIP AND REPAINT! I'm ashamed of YOU! And it is already too late for you to "undo".
I understand why UP wants to defend its trademark. Like any other company, UP has the right to keep its trademark from being used the wrong way, or on deficient or questionable merchandise. If they want it done right, I can't complain. What gets me, and has from the get-go, is their rabid desire to get protection on logos from long-gone railroads (ex: Minneapolis & St. Louis, Chicago Great Western, Missouri-Illinois, Kansas, Oklahoma & Gulf) way back in the "family tree". To demand cash royalties or fees on these logos is greed, pure and simple, and tells me more than I want to know about the ethics of our attorneys today (and the suits in the corporate offices). CSX at least did it right when they sought protection for their trademark. As far as emailing UP, I agree, but such venomous emails as have been shown above will be quickly ignored. Best to use a little logic and reasoning. And as hard as it is to do with such a volatile subject (yep, I'm ticked off, too, and I'm a Frisco modeler with plenty of UP and related diesels & rolling stock), let's try to keep it civil. We're doing pretty darn good so far, and as long as we keep it on this tack, we're OK. Guess I'd better hurry up & get those KO&G decals from Oddballs before it's too late......
True and I agree they have a right to protect there copyrights but what's next, TrainBoard for the UP Avatars and why now pick on the major modeling companies. Did something expire and now in contract disputes or are they just looking for money in all the wrong places.
Yes. I agree that they have the right to protect *their* trademark. But the idea of going back, an laying claim to those they've never had anything to do with, or cared one bit about, is beyond ridiculous. Also, as I mentioned previously, they've stood by for *decades,* and let this go on. Insofar as I am concerned, this is tacit approval. Just the same as watching a hole in a dam get bigger, and bigger, until after it's started collapsing. Then deciding "Gee. We should do something." Boxcab E50
I agree Boxcab! Anyone know what the statute of limitations is on a copyright infringement case? Could UP forseeably sue for back monies from Lionel for as long as they have been using UP's logo? Happy railroading! Russ
Which tells exactly the reason that company is so snarled up. No businessmen running it. No professional railroaders who know the ropes of operation. Boxcab e50
It seems to me that UP should be more concerned with learning to run a railroad (vis-a-vis the re-current Texas mess), and earn revenues the honorable way, rather than attempt to extort a few dollars (thru the manufacturers) from those hobbyists who happen to enjoy the UP and it's related railroads. It's a sad commentary on those who make the management decisions at UP. Bill
I personally hope that UP goes under! I'd like to see them bought by Hmm, CSX or NS. I just sent an email to them as well, but I used the public media link! And we have to look on the dark side too. What happens if they win? Does this mean the end to Athearn, Lionel? Thanks to UP, model railroading may be a thing of the past! Just like Steam Engines! [ 07. June 2004, 17:01: Message edited by: ilovetrains ]
PS... I personally like their logo too. "We're Working For You". They are?? Hmm.. by the time UP is finished model railroading will be a thing of the past... Seems like they are working against us! All I can say is they suck!
I have never seen a topic generate so much emotion on any online bulletin board than the UP trademark topic. Nor have I seen more volatile remarks from the model railroading community made toward a corporation for their actions. The reaction I've read have ranged from dismay to outright anger. On several forums, threads containing this topic have had to be locked, and several posters who made inflammatory comments have been put on vacation. (I'm not picking on a certain forum that has recently shut down for the summer, because there have been others). Granted, while Union Pacific has every right to protect their copyright, and the uses thereof, I am puzzled as to how they're going about it. The practice of getting fees for the fallen-flag logos is disturbing to me. Apparently the Chessie System flap, and the fallout from that decision, has been forgotten. I'm not getting rid of my UP diesels, rolling stock, and Centralia Car Shops caboose, in response to such actions- that's childish to me. I also don't think Athearn and Lionel will be forced out of business. This whole to-do is in the hands of the lawyers ( the old joke about a lawyer with a briefcase stealing more than ten men with guns comes to mind), and I'm sure when the sun comes up, Athearn & Lionel will still be open, and our hobby will still be viable.
