Re: Western Prototype Modelers Meet 2009


Carl J. Marsico <Carlmarsico@...>
 

Jerry Glow wrote:
 
"We especially resented how they included our merged roads in their copyright scheme even though the heralds and names had for all purposes been retired although they did occasionally use them to keep their use of them "active"

UP actually hurt their protectable interest (if any) in the CNW, SP, and DRGW schemes by "patching" the motive power from these roads, which I'd say is rebuttable evidence of an intent to abandon these trademarks.  Although UP freight cars of predecessor roads dating back to the acquisitions of MP and WP are still out there in good numbers, this is clearly due to the logistics of repainting an entire freight car fleet vs. an intent to "honor the fallen flag", and could presumably be proven with internal documentation in regards to the guidelines to repaint freight cars, or depositions of supervisory staff familiar with these procedures.
 
If anything, UP seemed to get "nostalgic" after they figured this out and started keeping a few token units and painting the SD70ACe's in the "Heritage" schemes, notably in "hybrid" paint schemes in what appears to be an attempt to protect multiple paint schemes of a road on a single unit.  (This would have been a great topic to cover in law school during our Trademarks and Copyrights course.)
 
I'll join the ranks of people having contempt for "the Borg" litigating what I consider to be frivolous claims against smaller companies that don't have the resources to defend these suits, and subsequently turning around and having their in-house attorney gripe when I filed a cross-claim against them for contribution in a Small Claims property damage suit (about $2,000.00 if I remember correctly) filed against both one of their employees driving a company truck and our client, driving a different vehicle.  (The subsequent attorney assigned to the file was a very reasonable person, and I never had a problem with him)  I also called them out once for trespassing on my property (company truck in driveway of our condo building), which at that time, was adjacent to their former CNW mainline.
 
On the other hand, UP played a big role even in the pre-merger CNW that I grew up with and model, so a "boycott" of UP would be pretty much impossible for me unless I switched roads.
 
CJM

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