Hi,
I don't want to perpetuate this thread because it has taken up so much
bandwidth in other groups that it has become nauseating. But there are
some issues that need to be considered.
1. The BNSF DOES have a licensing program and you DO need a license to
produce goods bearing their marks including the CB&Q. The fee is very
reasonable.
2. The UP can do whatever they want with their marks. It's their toys -
their rules. However, they should have given this program more thought
than they did. This has been a boondoggle since day one. It is perfect
example, among others, of management gone awry. And lots of times, these
programs are implemented by license management companies that promise a
given return when they manage your marks. Somebody forgot their common
sense.
3. If you own intellectual property (IP) you must uniformly administer
the management of that IP. You must treat everyone, and every mark, the
same. What's good for one is good for another. No special treatment. And
you can't claim something you don't own as yours.
4. The UP's license program is clearly stated in their PDF application
file found online. None of the information is unreasonable except for
asking that the applicant provide audited financials. There are very few
model rr companies of a size that can afford to pay for an audit. I have
heard that they are flexible on this issue for small companies.
5. The UP fee of $100 for $3000/year sales of UP merchandise a year is
reasonable. Got to CAT, Coke, Ford, Disney and check their programs out.
That will give you pause to believe in Santa Claus. CAT generates
hundreds of millions of dollars a year in licensed goods. It is their
option to do this. And don't mess with 'em. They will have you for lunch.
6. Like it or not, since high tech came roaring to Wall Street
intellectual property has become a buzz word and a real line item asset
to a company's net worth. If the analysts think you should better manage
your IP to preserve your rating, you will find a way to better manage
your IP.
7. If you own a brand and people are diluting your brand's value through
poorly made merchandise and poor representation of the trademarks and
logos, the brand owner has had their asset value diminished. This is
what started licensing long ago. Poorly made automobile models came from
offshore and the auto manufacturers got mad. And if you make more money
with your product by using the UP trademarks, shouldn't you pay for that
enrichment of your product.
8. If we spend the money and effort to develop intellectual property and
you want to use it, you better get permission. We will come after you.
And why shouldn't we. It's our property. We developed it to make money.
I wouldn't came to your house and use your lawnmower to mow grass for a
living.
9. There are very few products that cannot be made to absorb a royalty.
If their IP makes you more money, then pay for that use. If paying a
royalty isn't an option, get out of the business. You're wasting you
time and talent.
10. And to the guy making signs, make them. The UP never copyrighted
that material. If it contains their trademarks, that's another story.
Get a license.
11. Never assume anything about copyright and trademark law. Remember
the first 3 letters in the word assume. And that's what you're going to
be and what will get chewed, when you don't get permission.
Well, that should have stirred everyone up a little. Don't write me.
Tell the railroads. By letter, not email. It's far too easy to hit
delete. It won't do any good though. This program at UP will have to die
on its own, or as most, be diluted to let the little guys play trains
and prevent the big guys from abusing their marks.
Wish it was better news.
Seasons Greetings.
Randy Danniel
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