Joe McMillen UP calendar denied

Jan 14, 2004 37 Replies

I heard today, that Joe McMillen, maker of many very nice railroad calendars for variuos road, including the UP, has been denied permission to make anymore calendars of the UP or any fallen flags they own. This I understand was much to his surprise. Now, the difference so far is that UP will allow models as long as the maker pays the licence fee while the calendar was flatly denied. The reason is that the UP produces its own calendar and it is for sale to the public. It gives them away to stockholders so if you want one, you have two ways of getting it. Buy it or buy stock if you don't already have one. This applies to the UP trademark only. There will be no fallen flags calendars from what I understand Jerry


Bad PR like this just can't be bought; it can only be created by bad lawyers.

I saw today "Because we have received a license from the UP, we will now consider using photos of UP predecessor railroads in the 2005 calendar. This reverses our previous limitations on photos from these railroads."

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One used to be able to walk into UP's East Los Angeles offices and just ask for one from the receptionist.

I heard they have told John Winfield, the noted train artist from TX, that he can no longer paint pictures of UP or fallen flag roads, period. There is no fee issue here, just can't do it. Also book publisher have received letters that they can use actual UP equipment photos but cannot use the UP or fallen flag logos in the books. A copy of the letter was posted on the net, maybe even this newsgroup. Again, as I understand it, there is no fee question, just a no can do policy, period. A lot of railroading stuff is going down the tubes. Guess that is the way it goes. You will have to get used to it. Jerry

Will C&NW Historical Society be able to produce one (if they ever did - probably?) or is this decision just for Mr. McMillen?

Jay CNS&M North Shore Line - "First and fastest"

Having just now seen the other messages I didn't have before, I guess it was a license thing. But note that what Mathu posted says "we will _consider_ using UP _predecessor_ roads". Now, one, he is only "considering" it, and two, is the predecessor-roads-only a license restriction or a little dig in the ribs on his part? One wonders...

Jay CNS&M North Shore Line - "First and fastest"

Wonder if Walther's got permission to use the photo on this month's sale catalog.

Don

-- snipped-for-privacy@prodigy.net

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Can't paint, or can't sell said paintings? It would be hard to keep an artist from painting something.

Greg

Well this is good news. See people, this UP is not a bad company. They are allowing people to continue to produce their products. Just have to have a licence to do it that's all. No big deal Jerry

WHy not do something intelligent, wait and see, wonder boy Jerry

The Gestapo tightens it's terror raid. Submit or die they say. Sleep well herr jerry, your forces are at work still.

Greg, I think I did misstate that. I am sure it was "can't sell paintings" I know the artist has painted covers for books in the past and the article specifically said he could not do that any longer. I have two of his paintings. ironically, one is UP. I wonder if it will become collector item Jerry

Re artists and UP paintings.

How can any company restrict an artist from creating a painting with a company logo showing in the art work?

-- Cheers Roger T.

Home of the Great Eastern Railway

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Could be because the issue of fallen flags is still up in the air. If UP gets denied trademark protection, they can still charge due to the agreement. If they're denied it, I can produce any fallen flags stuff and UP ain't gettin' squat from me, since PTO denied the application.

Just another way to lock in the vendor. No Lose position for UP; they get money either way. SIgned agreement on a denied trademark.

Kennedy

I don't know, but leave it to the company that stalled rail traffic over

1/3 of the USA for months to figure out how!

Regards,

DAve

I don't imagine a company can prevent him from creating a painting, I would imagine he just couldn't sell it or prints of it Jerry

Easy. Hire lawyers and threaten the artists. They will stop because they can't afford the lawyers. UP is the Gestapo so watch what you post.

Not without paying off the gestapo.

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