UP has just announced today that anyone who has been modelling their railroad and has not recieved written approval from UP for the use of their logo or names of their divisions or terminals or routes as well as copyrighted structure designs may be subject to individual subpoena.
The potential subpoena’s are based on similar legal manuevering by RIAA in it’s attempt to thwart illegal copying of music and film downloaded by computer users who do not own an actual music record or CD.
In an act of “goodwill” and not wanting to anger potential and current UP customers, UP is offering to waive any further subpoena’s and potential lawsuits if the offending model railroader chooses to purchase actual surplus UP rolling stock and pay for transportation associated with the purchase, or to provide madatory remote control engineering work without pay for a period equal but not less than the time period they have engaged in illegal model railroading of the UP.
Yeah, I’m going to hide all of my UP stuff when I get to the club today in case a UP lawyer shows up to inspect our rolling stock, locomotives, and buildings and assess damages.
What’s your source? There is nothing on the UP site about what you are talking about, but you might like to read what they are doing. My recommendation is to stop reading the National Star:
"Model Railroad Licensing Program
The Union Pacific licensing program is designed to allow manufacturers of branded merchandise to use the names, symbols and heralds of the company in an accurate and successful manner. This includes the constituent and historic railroads that currently make up the Union Pacific system. Licensees will receive program support from the company and will benefit from the company’s investment in a much larger licensing and branding program.
Highlights of the program include:
A rate structure for model train manufacturers that is significantly below industry licensing standards. For example, on a $10 item royalty rates are pennies.
Continuing support of licensees with graphic standard compliance and new product introductions.
Access to trademarks and service marks of the Union Pacific Railroad Company and other railroads that are now a part of the modern Union Pacific system, which are among the oldest and most valuable trademarks in the nation.
The opportunity to benefit from Union Pacific’s increased investments in public awareness advertising and programs.
Union Pacific defends trademarks
Union Pacific Railroad Company has filed a complaint in U.S. District Court for the District of Nebraska naming as defendants Lionel, L.L.C. and Athearn, Inc. The defendants are model railroad manufacturers who have refused to enter into licensing agreements for their commercial use of Union Pacific trademarks. The complaint alleges claims of infringement of federally registered trademarks, trademark dilution under § 43(c) of the Lanham Act, Unfair Competition under § 43(a) of the Lanham Act, common law trademark infringement, unfair competition, and violation of the Nebraska Uniform Deceptive Trade Practices Act.
HighIron has an idea there-5 SD90MACs pulling a 120 car train of nothing but paperwork related to the lawsuits! Each car could have a symbol of how lawyers have helped make this a great country-I don’t know exactly what that symbol would be, but someone will design it.
Emblazoned agross the lead unit could be-“12,000 tons of subpoena’s heading towards your town at 65MPH.Just try and stop us!”
Another UP public relations coup!
I’m glad I don’t have any UP equipment to be honest. Though hang on, they bought out the SP and C&NW, I have 3 SP locos, 1 set of SP Impacks, 3 C&NW locos and a set of C&NW commuter bilevels - should I be worried?
On a serious note, how long before track plan books will have to be licensed if they use a prototype plan? Sounds like these people will go after any source of extra profits, so distinctive track plans might be next!
Are UP charging licensing fees for decal sheets too or just decorated models? We had a similar problem over here with the new privatised train operators - they would allow RTR models of their equipment to be made but not decals, as they couldn’t control how the decals would be used. GIven that one of the companies concerned had a paint scheme of dark blue with a red stripe, and simple gold lettering in two typefaces, I was amazed that nobody brought out letter decals in gold…“No, we’re not making decals for your trains, we’re just making letters in gold”!
I want to get this out of my system before I drive myself crazy.
Ok here we go.
How many Model Railroaders are out there as of today?
I feel that my true American rights are being violated because of the sissy crap the UP is pulling.
What’s going to happen next?
UP suing Modelers,Give me a break!
ILL bet all of you UP fan’s feel pretty damn stupid right about now.
The Question is? What are you going to do now?
You know what UP fan’s. stand up for your rights as an american, If the UP want’s to walk up to your front door and slap you with a law suit…Id say take their a$$ to court and sue them,Because ILL tell what this is getting out of control! What gives the union pacific the right to violate my rights in this country just because I did at one time like their railroad. But that’s besides the point. Their are alot of modelers out their,For one thing alot of UP fan’s.
Should or can modelers sue the UP for violating our right’s? Or is it just a waist of time?
Id like to hear from you!
BNSFfan.
Should I be worried the lawyers of NS and CSX are going to devide my
Conrail equipment…(HAHAHA).The Freedom to display show and witness
the things that are great of our nations are not decided by CEO’s ect but by
those whom buy the material goods ect shipped by the railroads of our
nations.many our proud of model railroads and the historic foot print.
On the edge of remembering D day we recall freedom.
UP attorneys are looking over your layout…Are you prepared to pay per diem charges for all those UP cars and their fallen flag roads for keeping them instead of interchanging the cars back to their home roads? Remember UP is every where.
But you will have to let both ns and csx still use portions of your railroad. Creating more bottlenecks and arguements over whose train is going to get higher priority. Plus the cost of repainted the old conrail units.
Andrew Miller