I talked to a modeler with an interesting situation.
In the Walthers HO catalog, there are models of what appear to be UPS style trailers and there’s even a brown panel truck as well.
We know that just like the Disney Corp., UPS guards its logo. This modeler is capable of making decals on his computer but is concerned that if he displays those trucks on a club layout with those logos and a UPS “employee” happens to see them…could he get in trouble even though he’s not making money off of the logo?
I’d like to model a couple of the old style UPS trucks as well and have a friend that can produce quality decals on a computer.
If I’m not mistaken, quite a few of you are familiar with these types of legal issues.
If you don’t make any money on their logo they don’t really have a case. The first thing any corporation will do is send you a “cease and desist letter” which threatens legal action. If you don’t cease and desist then you usually get a letter telling you that they are going to start legal action. The final thing is a summons telling you that you are being suied.
What do you have that they could take? They can’t take your home, car, or tools of your trade. A judgement wouldn’t be in their best interest - how would it look to see a big company, with lots of money, picking on a small guy.
In the Flight Simulator world, you can go on-line and download a UPS paintjob for a number of different aircraft, and even more for FedEx. I doubt that they care much about private usage.
Still, there’s that building kit for the FedUps shipping company.
I’ve found that I’m interested in UPS trucks since from what I’ve read UPS came about in the 60s, the time period I’m modeling. (Please correct me if I’m wrong).
The truck in the Walthers catalog is too modern, which would work for my friend. However, I’ve seen other panel trucks that IMHO, “could pass” for UPS of the past. Only part that’s a pain is that UPS trucks have always had that distinctive, funky “rounded front end”. Most panel trucks have a boxy front.
But I’ll work with what I get as while I like accuracy I’m also flexible.[;)]
[2c] As a UPSer, I also have an interest in modeling some UPS equipment as well.
I found the Walthers Delivery Van, item number 933-1591, is as close as they come. The set includes decals to “UPS” your vehicles: 28’ container chassis; 28’ container; 26’ parcel trailer; and the delivery van. Unfortunately, the decals do not include the older box-bowtie/brand mark.
Walters also markets a 28’ container (item 933-1569) with the same decal set as the deliver van kit.
A-Line markets several “UPS” items: item 50144, Parcel Trailer Dolly; item 50113, Drop-body style Parcel Transport Trailer; and item 50180, Parcel Service Trailer Decals.
Rail Power Products markets an Intermodal Parcel 40’ trailer (item 800) that is very close to an older model UPS used. Decals are included.
For lettering numbers or names that are not included with the kits, MicroScale Decal set 87-93-2, Condensed Gothic Style - Black (Alphabet and Numbers) works.
The UPS brand marks are protected but with permission, you can use the marks so long as the design follows their standards. Package cars are Pullman Brown as standardized in 1917. The shade of brown is different for the airplanes and the drivers uniforms. UPS did not include the older box-bowtie/brand mark seen on the package cars on the trailers or containers. Now the new brand mark is on all the vehicles (as they are re-painted). Pictures taken of the vehicles should be used as a guide to lettering alignment. [:)]
AntonioFP45, i have an idea of how you can model UPS type trucks/vans withouth the worry of any possible legal action taking in part by them. on the CBS comedy series “The King of Queens” kevin james portrays a deliver driver for a fictional company. the name of that company is IPS. i know it would not be the same as UPS but using IPS you would not have to worry about any nosy body UPS employee from seeing a UPS truck on your layout and ratting you out to the higher ups
Thanks for your suggestion as well. I like this show. Doug is a riot! The fictional “IPS” trucks would be easy to model as their trucks have the conventional “angled box” on their front ends. Would make an interesting conversation piece on a layout.
If you are using the stuff for your own private use, you are probably ok. Its the distribution and/or making money which is the problem.
Of course there’s always the “if you aren’t making money off of it then why not just burn hundreds of copies for your friends.” I would avoid that, because even if “they don’t have a case” how many of us could afford to defend against a lawsuit? Not defending could give the other side what is called a default judgment which means they win because you didn’t show up. Winning means nothing if it drains all your assets to do so. If you don’t think that big companies don’t pursue the little guy, I think the folks sued for downloading music from various sites would have a different opinion.
Additionally, don’t think that “they can’t take your car, your house, your tools of trade” etc. Each state has its own rules on what is exempt and in how much value. They may not be able to take your house, but depending on the jurisdiction they may be able to take the proceeds from the sale of your house, the majority of the stuff in it, vehicles in excess of then number of licenced drivers etc etc etc. Also, in many jurisdictions, the amount that is exempted is quite small. And who the heck wants to put on a credit application that they have an outstanding judgment against them? Or file a bankruptcy?
Please don’t flame me on this one. Just trying to give some warnings regardless of how I feel about the matter.
Back to the topic,
While I always thought the Walthers truck resembled the UPS vehicles, there was another company that made a metal version, but I can’t seem to recall the manufacturer. Alloy forms? GHQ? Having a senior moment here.
I am pretty sure it was NJ International who made a white metal kit of the UPS package car.
About a year-and-a-half ago, I talked to Jim Lynch, UPS’ licensing manager. UPS is fiercely protective of its corporate logos, etc., but does license them. However, when it comes to a model you create for your own enjoyment, UPS is just like Union Pacific: go for it.
Incidentally, UPS is almost 100 years old. It was founded in 1907 as American Messenger Service. It became United Parcel Service in 1919. Its first vehicle was a Ford Model T acquired in 1913 and the trademark brown color was adopted in 1916.
Curiously, UPS isn’t quite so restrictive in the European market. I have a couple of German UPS truck models, complete with logos and brown color.
I have a UPS truck on my layout, did it with the Walthers truck, I took pictures of a UPS truck and then made the decals from the pictures after editing out the parts that didn’t look right, reflections etc. It’s not bad , but I think I’ll re-do it one of these days better.
This is one of those questions that modelers/responding posters seem to totally loose all common sense over in replying, drawing the subject out into absurd complexity for no good reason. UPS, nor anyone else, can touch you for making a model of their truck/logo for private use on your layout. The UPS logo is not an issue of national security!
While you can’t sell such models to the public or to other hobbyists, there is absolutely nothing UPS or anyone else can do about you making such a model for yourself.
You know I remember at my local UPS in Elm Grove Wisconsin, they used to actually have a UPS layout showing how they loaded their trucks onto trains for long distance deliveries. It had a Walthers 8-40BW and a bunch of intermodal cars all custom painted in UPS colors with decals. I wonder if those decals ever became avalible to the public.
If you make a set of UPS trucks and put them on a club layout, as long as you are not selling them or designing them in ways that make the company look bad in public, like falling off a bridge or something, then you’ll probably be just fine. I don’t believe I’ve ever heard of any company sueing a model railroader for using their logo personally for modeling purposes in a home or club layout.