Union Pacific vs MTH trademark infringement summary

[Anonymous]

I’ve learned a few basics about trademarks from my wife. (She is studying to take the patent bar from the United States Patent and Trademark Office.)
The Union Pacific probably has a case for its currently used logos and trademarks, although there are several potential holes. The Union Pacific has failed to use its trademarks properly. The USPTO requires that a trademark be marked with a “TM” and a registered trademark with a circled “R”. The UP has started marking their recently registered marks with the “R” as evidenced by their web page, but I’ve never seen the “TM” on their locomotives or rollingstock. Given the past history of the UP paying Lionel to use their logos and the decades of implied approval by not defending their trademark, the UP may have lost its rights, at least when it comes to model railroad products. That said, the UP will probably prevail with their case for their current logos and registered trademarks. Note that just because several of their trademarks were just recently registered, that does not mean that they are not enforceable or protected. Registering them just makes enforcement easier. By law, trademarks must be shown in use as part of the registration package.
I believe the Union Pacific’s case is very weak for their fallen flags. Trademark rights, registered or not, can be kept forever, but they must continue to be used. In the case of fallen flag railroad trademarks, the railroads quit using the logos and thus have probably lost the right to claim them as protected for their own use. I believe the model railroad industry will prevail regarding fallen flag trademarks.

^^^^^^what he said.[swg] US Airways has given the names PSA, Piedmont and Allegheny to their regional carriers and have painted their jets in the color schemes just to keep the trademarks from going Pu

[dinwitty]

Here’s a link to a good summary of what’s going on in the lawsuit. Although I am not an MTH fan, I have to salute MTH owner Mike Wolf for having the guts to pursue this. It would seem MTH makes some good points. The outcome will definitely have an affect on all scales. Enjoy…

Erol’s summery on the UP/MTH Lawsuit - Topic Powered by eve community

you know, the best evidence I can think of is to take into court some old tinplate train with the UP logo’s on it and ask UP…

"Did you ever ask for licensing fees placed on this model train?

Watch them melt.

What UP is doing is practically a form of Blackmailing.