Re: Western Prototype Modelers Meet 2009

Anthony Thompson <thompson@...>

Carl J. Marsico wrote:
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.
Our attorney explained to me that this is called "constructive abandonment," meaning actively working to expunge a trademark, not merely abandoning it by ceasing to use it. It's an even harder abandonment to recover from, but that didn't inhibit UP's hired lawyers (they didn't use their in-house guys, who mostly rolled their eyes about this topic). We know how that turned out.

Tony Thompson Editor, Signature Press, Berkeley, CA
2906 Forest Ave., Berkeley, CA 94705
(510) 540-6538; fax, (510) 540-1937; e-mail,
Publishers of books on railroad history

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