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[BRHSlist] Licensing trademarks: Q & UP

To: BRHSlist@yahoogroups.com
Subject: [BRHSlist] Licensing trademarks: Q & UP
From: "gaedgar66" <vje68@hotmail.com>
Date: Sat, 20 Dec 2003 01:50:42 -0000
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>From a purely selfish standpoint I'd like to see steep fees on UP models to 
>drive 'undecideds' & new modelers to the Hill roads BUT I 
also hate to see fellow modelers lose out.  However if Atlas & others do not 
put all the license fee on their UP products but 'spread it 
around', then it does hit home ASSUMING it is significant.  The UP PR release 
(tks Brad) said "pennys" for a model but when I 
searched their site I could not find specifically how much a model such as the 
Atlas SD-24 is affected; Charlie or anyone else in the 
business know?  Which brings up the Burlington.  Well into the 1900's, the 
Burlington had NOT registered "Burlington Route" as a 
trademark despite it's use for several decades.  A big federal court case 
resulted when they tried to stop a Chicago cigar distributor 
from selling BR brand cigars.  I suspect it was an issue for the Q as they 
themselves had cigars branded CB&Q for sale on their trains 
- the issue might not have come up if it had just been Ives or Lionel models 
with CB&Q lettering.  The Burlington won the case but the 
question remains (I leave this for John or other atty's in this group): if a 
"name" is not trademarked/licensed for 'x' # of yrs, when does 
it enter the public domain & become a freebie (as has happened to several 
"brands" over the years).  In the case of UP, did they 
register C&NW (& M&StL by default, etc) etc when they acquired them (assuming 
said names had not been registered by C&NW or 
M&StL atty's years before)?  If not registered til recently, are names such as 
C&NW available without license if someone wants to 
play hardball with UP?
In any case, CB&Q fans (& all non-UP family road modelers) seem to tbe in the 
clear unless those UP fees are significant and you & I 
pay them indirectly when buying an Atlas SD-24, etc.

(as for that Q court case, have a copy of the entire proceedings which will be 
used in a future "Collectibles" column in the BRHS 
Zephyr on the question of how & when CB&Q names & slogans began, etc for dating 
purposes - quite a fascinating story but then 
most things about the Q are, right!?).   Gerald  


 

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