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Re: UP licensing

August 05, 2006 12:21PM
John,
I know that you are a big UP fan and attend the majority of the UP conventions.
I agree that the UP has the right to protect the two trademarks that they have diligently kept current, the current shield and the "Overland Route" shield.
Other than that, them trying to resurrect and re-copyright trademarks that they have let fall into the public domain is abominable. It is patently illegal and the oly way that they are getting away from it is because the little guy doesn't have the funds to fight them, so they are forced to knuckle under. With the UP it's "Might Makes Right". Among the trademaks that they let fall out of current usage are the MP, M-K-T, WP, D&RGW (gone before the SP merger), SSW and SP. They are even claiming the rights to the RGS. The RGW was an independent entity at the time of abandonment. They are also claiming the UPD&G, CC, DSP&P, and DL&G, all of which were direct prececessors of the Colorado & Southern, which is now part of BNSF.
In my opinion, the UP is out of control, but there is no manufacturer out there who has the $80,000.00 that most law firms want as a retainer to fight them. So the independent model railroad manufacturers have no alternative but to comply. It's a matter of money and the UP has it and is willing to beat the little guy to death with it.
How does this tie in to Narrow Gauge? How about the DSP&P, DL&G, CC, UPD&G, KC, U&N and the Ilwaco.
Rick Steele
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