Notice to all visitors and members of the Train-Sim.Com message forums: If you plan on using a signature banner in your posts, we would like to remind you that there is a maximum size for banners. That maximum is 450 pixels wide by 120 pixels high, and not to exceed 25k. Your compliance is appreciated. FORUM RULES Problems? There are two common reasons for problems with logging in and posting messages. The first is that you are running a firewall that prevents your messages from being sent to the server. The other is that you have cookies disabled; the DCForum software requires cookies to work properly.
Not sure why the post was locked - I thought we treated each other with respect.Anyhow, I did not intend that thread to become a UP hate-fest - I just used them as an example. And I am familiar with the idea that a company has to preotect *all* aspects of it's trademarks, otherwise they can loose them.But it does bring up an interesting question: Are there any other railroads that charge a company to make a model with their logo/paint scheme or do they all do it? If not, then how do they protect their trademarks?Please, no UP bagging - I thnk we've (I've) done enough of that - Thanks!
I've heard CSX charges some sort of nominal fee. Can neither confirm nor deny that, though. The NS has some sort of process that the MLT guys are going through right now with their upcoming locomotive pack, but I don't think it's similar to the UP's. Off the top of my head, they're technically not protecting their mark if they're not doing something on the order of the UP or at least having some sort of process, protection of the mark and what have you. It may very well be that other railroads don't care, which is just as good a stance as the UP's. Their legal departments are probably thinking that nobody's going to confuse a $100 plastic toy with a two-and-a-half million dollar, half-million pounds locomotive in terms of source, which is what matters for who's to blame when Johnny Five-Year Old takes a bite out of a toy locomotive and chokes to death. That may seem strange, but it's pretty easy to convince a jury that yes, because there's "UNION PACIFIC" on the flanks, the UPRR made the locomotive and therefore is to blame for the death of Johnny Five-Year-Old.*Brenda Mainwaring might not have said that, but I'd be willing to bet someone somewhere in the legal department has considered the limitation of UPRR tort liability as a good thing.* I've got to figure out if, by shielding their mark by this registration process, they've actually opened up a bit to liability in tort---since they registered the stuff, the company knew or should have known that Johnny Five-Year-Old might choke to death on a piece of a new Athearn SD90-macaroni-and-cheese (or whatever they're called; I give up) after taking a sledgehammer to it and sprinkling the remains in his cereal.
____________________________________________________________________ Norfolk & Western’s Radford Division, Pulaski District: Who needs the Marias Pass?
>I've heard CSX charges some sort of nominal fee. They used to, actaully they did the same thing as UP is doing now (no bashing there, just stating)Actually it was Chessie into CSX that did it, and then they realised it was doing more harm then good and they gave up.Now CSX and NS Do have copywrites on their logos and related stuffs, but they only enforce them so that models produced are better than "Sorta looks like" and are closer to "Exact replica under Company's agreement"--------
What I've Felt, What I've known, Never shinned threw in what I've shown. Never Free, Never Me, So I dub Thee Unforgiven
I agree Greg. It's sad that we can't even have an intelligent discussion over things like this. I saw nothing in the posts that would have marked it for death. The subject was railroads, we all had intelligent replies to each other, I thought, and it was a good discussion. 'tis sad that it has come down to this. What else is a forum for? I guess all we can say now is "I am having problems with this, can you help me?" Not that I won't help anyone who needs it. I try to but there are other things about trains worth discussing. Too bad we can't anymore. Makes for a rather boring general forum, I think.TimWestern Maryland Railroad Gone, but not forgotten!
I'm rather sure that Canadian Pacific Railway has something like UP has going too. I'm not sure though, I think its only a payware thing. I painted up an SW1500 in CPR and didn't get any hassle so I think its just payware stuff.~The only way to ship~
I believe any corporation would like you to pay for the privilege of using their logo on anything you make money from.Now, whether they would actually pursue anyone who used it without permission or a fee is another question entirely.-Jeff
~The only way to ship~