I just received an answer to my post over at Altmont press about this issue.
"Hello everyone. I'm responsible for licensing and trademarks here at BNSF. I think there's been a bit of a misunderstanding of our intentions in this case and we by no means are trying to shut down the operation. BNSF has established extraordinary goodwill in its trademarks through long-time use and substantial promotional efforts and expense. We also have an obligation to protect our reputation. Having said that, BNSF doesn’t object to people making and selling items featuring BNSF predecessor trademarks if a licensing agreement is in place before using the trademarks.
Anyone interested in a licensing agreement should let me know and I will have the appropriate party from BNSF contact you. Only a small, one-time fee of $1.00 is necessary to execute the agreement for the use of BNSF trademarks and royalty payments are not required. I can be reached at
zak.andersen@bnsf.com
Thanks and I apologize for any misunderstanding."
This is such an nice answer it BNSF gets 10+ points!
Steve