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Re: [BRHSlist] Licensing trademarks: Q & UP

To: BRHSlist@yahoogroups.com
Subject: Re: [BRHSlist] Licensing trademarks: Q & UP
From: "John D. Mitchell, Jr." <cbqrr47@yahoo.com>
Date: Sat, 20 Dec 2003 08:14:23 -0800 (PST)
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Steve
I know what you are saying. The stupid things, they do
in operations does not help the dividend picture! What
I mean is what small divdends  paid are the result of
other things. And as a matter of fact I do own stock. 
John
 --- Steven Holding <s.holding@charter.net> wrote:
> John
> 
> From an operation view point I hope you do not own
> any stock
> sjh
> ----- Original Message ----- 
> From: "John D. Mitchell, Jr." <cbqrr47@yahoo.com>
> To: <BRHSlist@yahoogroups.com>
> Sent: Friday, December 19, 2003 9:56 PM
> Subject: Re: [BRHSlist] Licensing trademarks: Q & UP
> 
> 
> > The rules for "trademarks" and "copyrights' 
> differ
> > greatly and are very technical. Presumably the UP
> > holds both the copyright and trademark on their
> logos.
> > We lawyers call that "belt and suspenders". I am
> also
> > sure the BNSF has these tricks up their sleeves.
> They
> > just have not decided that it is in their
> corporate
> > best interests to follow the UP's lead (and CSX
> and
> > others). If they think the PR value, of the
> present
> > practice, is out weighed by the bucks to be turned
> by
> > selling licenses, STANDBY FOR THE RAM. If you
> think
> > the BNSF's lawyers are just a bunch of fun fellows
> and
> > nice guys, I invite you to attend a law school, of
> > your choice, for a few days! And one other thing,
> if
> > the UP was not making money, on this program, they
> > would not be doing it. They don't pay dividends,
> to
> > their stockholders, by being stupid.
> > 
> > John
> > --- gaedgar66 <vje68@hotmail.com> wrote:
> > > 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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> 
> 


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