So is the whole lawsuit thing really about UP fearing
that those Athearn HO AC44's might grow up to pull
real trains? I can just hear them now. "I think I
can, I think I can.....heading up Cajon Pass"

Obligatory Steam Era Content: What HO 40' boxcar is a
good starting point for modeling a steel sheathed UP
car from the early 1950's?
--- Tim O'Connor <timboconnor@...> wrote:

Last time I checked, 50 foot freight cars did evolve
from 40 foot freight cars. Humans were merely the
instrument of Divine Intervention by the Freight Car
God.

__________________________________
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Last time I checked, 50 foot freight cars did evolve
from 40 foot freight cars. Humans were merely the
instrument of Divine Intervention by the Freight Car
God.

Garth:

Thank You.

Paul C. Koehler

It wouldn¹t be the first time CSX (nee Chessie) tried this trick. They the
message quickly when the manufacturers told them, in effect, they would not
pay royalties and would cease production of any and all Chessie (and
predecessor) roads, including B&O, C&O, PM, etc (including steam era
cars-mandatory STMFC content).
--
Brian Ehni


From: steamgene@...
Reply-To: STMFC@...
Date: Fri, 4 Jun 2004 10:21:00 EDT
To: STMFC@...
Subject: Re: [STMFC] Re: UP

I heard a fleeting rumor that CSX has plans to follow the lead of UP.
Anybody else hear that? I wouldn't put it past CSX since they are
demanding a
zillion dollars in insurance for anybody who wants to run a steam excursion
on
CSX rail. I wonder if UP wants a license fee from Model Railroader which
showed
a picture of a modern UP motorized boxcar in its new products review this
month.



Gene Moser



[Non-text portions of this message have been removed]

Friends,

Could we please take the discussion of the UP's trademarks over to the proper group?

Kind regards,


Garth G. Groff

Actually, I had a better idea. The MRIA (manufacturers) could file
a trademark infringement suit against the Union Pacific. The MRIA
can easily demonstrate the continuous use of those railroad heralds
and slogans for that last 50 years, which is something the UP can't
do! The UP should be forced to pay license fees for its logos and
paint schemes, because it is unfairly competing with the model
railroad manufacturers.

Wouldn't it be nice if, say the NMRA, could institue a law suite in
the name of modelers everywhere for advertising cost to the UP! That
would then send a message as well as fund the NMRA.

Bill

I heard a fleeting rumor that CSX has plans to follow the lead of UP.
Anybody else hear that? I wouldn't put it past CSX since they are demanding a
zillion dollars in insurance for anybody who wants to run a steam excursion on
CSX rail. I wonder if UP wants a license fee from Model Railroader which showed
a picture of a modern UP motorized boxcar in its new products review this
month.



Gene Moser

In a message dated 6/4/2004 8:25:49 AM Central Standard Time,
timboconnor@... writes:
Actually, I had a better idea. The MRIA (manufacturers) could file
a trademark infringement suit against the Union Pacific. The MRIA
can easily demonstrate the continuous use of those railroad heralds
and slogans for that last 50 years, which is something the UP can't
do! The UP should be forced to pay license fees for its logos and
paint schemes, because it is unfairly competing with the model
railroad manufacturers.
Now that's one of the more interesting twists I've heard! Much better that
the basic squalling in most posts. However, from what I've read, none of these
organizations, or the publishing community (such as Hundman's pontificating),
have any guts in this matter.

Jerry Michels

Schuyler Larrabee wrote:

I know it's against list policy to discuss the UP
licensing of its trademarks, but one should look
at their website now. They have instituted a
lawsuit against Lionel and Athearn.
http://www.uprr.com/newsinfo/modelrail.shtml

Well, Lionel and Athearn are among the leaders of the group contesting all of UP's fallen-flag trademark efforts (every one of which UP has lost so far).
I note on that Web page that UP continues to make the claim they made at the stockholders' meeting, that "over 60 manufacturers" have joined their program; but if you look at the list, they are nearly all VENDORS, such as the hat/shirt/coffee mug folks. Very few actual model manufacturers have signed up, something UP no doubt wants to obscure.
I must admit if I were a UP modeler today, I'd be embarrassed.

Tony Thompson Editor, Signature Press, Berkeley, CA
2942 Linden Ave., Berkeley, CA 94705 www.signaturepress.com
(510) 540-6538; fax, (510) 540-1937; e-mail, thompson@...
Publishers of books on railroad history

It is true that the RR that I model has gone the way of the Yankees, Joe Louis
and Notre Dame. Back in the days we model there was a saying that you could
bet on the 3 names I mentioned. I suppose we might add the UP. Now, there
appears to be only one worth betting on and it ain't the UP...although one
might lament for the lack of presence of Joe DiMaggio, Mickey Mantle or Yogi.
Nevertheless, if you DO want to discuss this, please venture over to the
friendly confines of Licen@... where you can match wits with
others trying to make sense of the insanity invoked by my old friend...Union
Pacific. One can only speculate how General Dodge and E. H. Harriman would
have reacted to the news that the company was suing model raiload manfacturers
while trains sit idly by, waiting for people to drive them somewhere useful.

Mike Brock

And at the risk of antagonizing the list owner, I would point out that UP is
a vital component of "stUPid".

Dick

I'm just -dying- to hear UP's explanation in court of how
Athearn's refusal to pay is a form of "unfair competition".
Part of me wonders if this isn't a Saturday Night Live skit
or some other cosmic joke.

But then, I heard last night that 3 times as many people
believe in the Virgin Birth as believe in evolution; So I
am betting that logic will have little to do with the final
outcome.

Schuyler Larrabee notes:


"I know it's against list policy to discuss the UP
licensing of its trademarks, but one should look
at their website now. They have instituted a
lawsuit against Lionel and Athearn.

http://www.uprr.com/newsinfo/modelrail.shtml"
It is true that the RR that I model has gone the way of the Yankees, Joe Louis and Notre Dame. Back in the days we model there was a saying that you could bet on the 3 names I mentioned. I suppose we might add the UP. Now, there appears to be only one worth betting on and it ain't the UP...although one might lament for the lack of presence of Joe DiMaggio, Mickey Mantle or Yogi. Nevertheless, if you DO want to discuss this, please venture over to the friendly confines of Licen@... where you can match wits with others trying to make sense of the insanity invoked by my old friend...Union Pacific. One can only speculate how General Dodge and E. H. Harriman would have reacted to the news that the company was suing model raiload manfacturers while trains sit idly by, waiting for people to drive them somewhere useful.

Mike Brock

I know it's against list policy to discuss the UP
licensing of its trademarks, but one should look
at their website now. They have instituted a
lawsuit against Lionel and Athearn.

http://www.uprr.com/newsinfo/modelrail.shtml

The UP used to run freight cars pulled by steam
locomotives.

SGL