Randy, hi,
> 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. <
BNSF is entitled to trademark enforcement within the areas they do
business: Transportation services, for one. As I understand it, if
BNSF does not manufacture scale models it does not control that use.
(Again, this and all else I write is a synthesis of what I've read
from good sources, and I admit I could be wrong.)
> 2. The UP can do whatever they want with their marks. It's their
toys - their rules. <
No, UP can not. This is the point. Some marks are not UP's.For
example, CGW logos are not under UP auspices because it can be
demonstrated the logo is not used to identify UP in today's
transportation marketplace, a key to trademark protection. That UP is
attempting to extend ownership to that to which it is not entitled
creates much animosity.
> 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. <
And yet, others have written, UP in its licensing terms states it can
cancel the agreement at will and at that time owns the tooling with
which the products were made even though it has made no investment in
those means of production. To my legally untrained ear, this sounds
like theft.
> 7. And if you make more money with your product by using the UP
trademarks, shouldn't you pay for that enrichment of your product. <
The question remains: What does Union Pacific own, and does it own
all that it claims? As I understand it, these questions do not have
clear answers.
> 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. <
I would say, do not claim ownership over what is not yours. Obey the
laws of the United States and the regulations posed by it through the
US Trade and Patents Office. I obey these, and you should, too.
I do not argue that UP can and should protect and control that which
belongs to it. My argument is that UP should not lay claim to those
things it does not own. That is the issue.
> 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. <
But, understand. UP appears to be making claims of ownership to
things it does not own. To that person who makes signs uncopyrighted
by UP, little good it will do him when UP lays claim to such and
defends same in court. The little guy likely is destroyed.
Brian Chapman
Granger Roads
------------------------ Yahoo! Groups Sponsor ---------------------~-->
Buy Ink Cartridges or Refill Kits for your HP, Epson, Canon or Lexmark
Printer at MyInks.com. Free s/h on orders $50 or more to the US & Canada.
http://www.c1tracking.com/l.asp?cid=5511
http://us.click.yahoo.com/mOAaAA/3exGAA/qnsNAA/8ZCslB/TM
---------------------------------------------------------------------~->
Yahoo! Groups Links
To visit your group on the web, go to:
http://groups.yahoo.com/group/BRHSlist/
To unsubscribe from this group, send an email to:
BRHSlist-unsubscribe@yahoogroups.com
Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/
|