Killing lawyers…that’s a good step in order to achieve world peace. That should be a part of the war on terrorism. After Al Quaida is destroyed, on to the lawyers…
Next thing you know the UP will start filing lawsuit’s on RAILFAN’s for taken Pictures of their Stupid Trains…What’s up with that.
I am not a lawyer but has there been a change in international trademark law that is driving UP and CSXT to protect their trademarks? Is there a concern that they may wake up some morning and discover someone near Shanghi controls their trademarks?
The best part of this tale was when it became a feature article on Christmas Eve in the Omaha World Herald. The basic theme was that the Grinch was on the prowl somewhere near 14th and Dodge.
The legal system does need to be reformed, but I can’t believe you wrote that.
Is was mostly a joke but I am rather discusted with divorce lawyers in California in particular.
I think they do more harm than good and prevent friendly negotiation between the two parties where it is possible.
I’m sure they could if they wanted to.
Two points to be made here.
Point 1:
UP is offering 2 options on licensing.
Option 1 : 3% royalty on the wholesale price. A kit whose wholesale price is
$10.00 would have to pay $.30. Typical retail price would increase
from $20.00 to $20.30.
OptIon 2 : Pay 1/2% of gross sales . Suggested if gross sales of UP
products exceeds 20% of gross sales.
Point 2: Lionel has came out with a trainset tie in with the movie “The
Polar Express.” Do you think they are doing this without paying a
royalty? Yeah right!
Was in a hobby shop today and looked at what Lionel is charging. Don’t think they will go broke based on the licensing fee. If you can’t afford Lionel equipment prices, then you don’t have to worry about the licensing fee.
Don’t pity poor Lionel.
I recently saw a UP boxcar with an Overland Route logo.They are obviously going to claim usage of every logo they have used since the founding of the railroad[:(!].
I have heard that too, and that may be part of what is suddenly motivating UP to do this. My understanding of that part of the law, and I am NOT a lawyer (thank God), is that it really has nothing to do with this, since foreign companies are not trying to pass themselves off as UP. In my opinion, UP is doing this because they feel they can. Guess what, nobody has tried to stop them, so appearently, they can!!!
QUOTE: Originally posted by arnstg
Two points to be made here.
Point 1:
UP is offering 2 options on licensing.
Option 1 : 3% royalty on the wholesale price. A kit whose wholesale price is
$10.00 would have to pay $.30. Typical retail price would increase
from $20.00 to $20.30.OptIon 2 : Pay 1/2% of gross sales . Suggested if gross sales of UP
products exceeds 20% of gross sales.Point 2: Lionel has came out with a trainset tie in with the movie “The
Polar Express.” Do you think they are doing this without paying a
royalty? Yeah right!Was in a hobby shop today and looked at what Lionel is charging. Don’t think they will go broke based on the licensing fee. If you can’t afford Lionel equipment prices, then you don’t have to worry about the licensing fee.
Don’t pity poor Lionel.
No, Lionel will be going broke over something completely different, MTH.
I have always wondered where UP’s “tax” gets applied. I seriously doubt that it starts at the retail level. It starts at the manufacturer, and is marked up at every level of the distribution process.[:0]
One part of this discussion that everybody misses is the railroad is not licensing its logos. The UP Corporation is. The UP is not just a railroad. The UP and its predecessors have been land developers, mining companies, communications companies, chemical companies, information technologies, software development, cement plants, trucking companies, airfreight companies, distribution services, logistics services and so on and so on. And a railroad too.
Yes its unlikely that somebody in Malaysia will start a railroad and call it the UP. But what about a package delivery company that calls itself “UP Overnite Delivery” and uses the shield for its logo. That could happen and that could confuse the user to think that company was associated with the UP Corporation. How about a company that sells inventory management software and calls itself the UP Business Software company. If the UP copyrights its logo against that usage it has to copyright against all usage.
Dave H.
I think it is wrong to beat up on the UP. Everyone has a right to protect their name. And obviously UP is not charging an arm and a leg. I think it is wrong to challange them and I understand their case. This is my opinion after learning what the fees are.
How the times change! Years ago, the railroads used to pay model train manufacturers to produce models of trains of theirs. When Lionel first realeased their F3 diesels in 1948, the cost of producing them was split 4 ways between Lionel, Santa Fe, NYC and GM. This is only one such example. There are other cases, too. Railroads often were more than happy to provide blueprints of their locomotives to model train companies who wanted them.