Union Pacific Sues Athearn & Lionel

"David J. Starr" wrote in news: snipped-for-privacy@theworld.com:

I think that you have hit the nail on the head with your remark about bean counters and lawyers. I tell my students (business students) that there are three groups of people who should NEVER be involved in product design: the accountants, the marketing types, and the lawyers. If the accountants get involved, they will have a cafe selling hamburgers made of beef tallow, soybean meal, and sawdust because those are cheap. The marketers will want you to put all sorts of little bells, lights and whistles on your beef tallow, soybean meal, and and sawdust burgers. Finally, the lawyers will want you to have each customer sign a 347-page release of liability form before you can serve them your beef tallow, soybean meal, and sawdust burgers with the little bells, lights, and whistles on top.

I suspect that some lawyers at UP are just trying to justify their jobs, and, in the end, UP will find that they may have been in the right legally, but any victory will cost more than it is worth.

By the way, from what I have seen, it is not just a "few pennies" added to a model. It is more like $5.

Reply to
Woodard R. Springstube
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As always, you get as much justice as you can afford.

Reply to
Steve Caple

Steve Caple wrote in news: snipped-for-privacy@netnews.comcast.net:

So then my initial observation ("isn't that tantamount to rigging the jury") WAS closer to the truth than I suspected ...

Oh well ...

Reply to
JB/NL

Excellent! Can you provide the name and citation of a case holding that "external utilization" makes a trademark enforceable "in all areas"?

Interesting. Can you give me an example of such a case?

Sure. The UP's Bob Turner made that claim when interviewed by CBS News last December. I'd be happy to provide you with a copy of the tape or a transcript if you like.

Of course they could. That's the whole point. They could also represent that their line of models was made by (or for) the Union Pacific railroad -- a claim that no one else can make, and which no other company DOES make.

The Olde Reprobate

Reply to
Jim Hill

I don't believe it, Marty finally said something I agree with. I say, make up your own line. One of the fellows in our train club calls his model RR, the Nome Valley Lines. He custom letters all his rolling stock. I will be re-lettering all my rolling stock with "Credit Valley".

Reply to
<Will

Or thought it was implied by what was written there.

Reply to
<Will

Boy, that is sure dumb, doesn't he know that jury rigging is done all the time in the USA. That is how their system works. It is supposed to be a jury of your peers, but lawyers always work it that it is a jury who thinks the way the lawyers think, not the defendents.

The USA, best judicial system money can buy.

Reply to
<Will

Yes, it was, but any American will argue you all day over semantics.

Reply to
<Will

wrote in news:_Rjwc.6669$ snipped-for-privacy@read1.cgocable.net:

Hey, I thought us Dutch had that perfected ... guess you guys inherited SOME heritage from us after all :-D

Reply to
JB/NL

So the jury insultants pick some really mallable personalities and the UP attorneys try to mold them with some bizarre reasoning!? It's worked in the past.

Paul

Reply to
Paul Newhouse

On Fri, 04 Jun 2004 19:35:45 GMT, DaveW purred:

Far from it. You are thinking criminal trials. In my experience when a civil, action opts for a jury, they want a larger settlement than a Judge is likely to give.

cat

Reply to
cat

Gosh, I am tempted to copy that into my tagline files for future use. :-{)

Reply to
Rick Jones

As evidenced by the OJ trial and acquittal.

Reply to
Rick Jones

No. That means getting folks that may be sympathetic to your way of thinking. Or, minimize those that aren't. Neutral folks may sound good, but can be unpredictable.

Interesting that it's supposedly a "Jury of your Peers". I doubt an Inner City Gang Banger's peers are elderly white-bread suburbanites...

:D

Kennedy

Reply to
Kennedy (no longer not on The Haggis!)

That's easy to say if you're an impartial observer, but if you're fighting for your life, or trying to get what you consider justice, it's a fair concept. Just as if you were on trial because of an accident involving kids, you wouldn't want a jury full of soccer Moms. Alternately, if you were suing a big corporation for damages, you wouldn't want a jury comprised of CEOs....

Kennedy

Reply to
Kennedy (no longer not on The Haggis!)

Rick Jones wrote in news: snipped-for-privacy@corp.supernews.com:

Feel free to use it. Here is another one: "Religion, politics, and economics are three subjects in which everybody, his brother, and their dog think themselves expert. And, the less that they really know, or the drunker they are, the more that they think they know."

Reply to
Woodard R. Springstube

But isn't this a BIG Corporation suing a little business:-) Donald

Reply to
Donald Kinney

It having been noted that:

It was suggested that:

Perhaps, but other factors are involved. There are strict time limits for requesting a jury trial -- and if you don't make a timely request, you'll have waived your right to a jury. As a result, at least ONE of the parties usually makes such a request. If both sides later agree to waive a jury, the case can be heard by the court (FRCP Rule 38).

In this case, there's a pretty good reason for the UP to ask for a jury trial . . . the case is pending in federal court in Omaha.

The Olde Reprobate

Reply to
Jim Hill

On Sat, 5 Jun 2004 21:51:04 -0500, "Jim Hill" purred:

I hadn't noted the venue. Indeed, If I were UP I would want a jury from that area, too.

cat

Reply to
cat

On 06 Jun 2004 01:52:18 GMT, Kennedy (no longer not on The Haggis!) purred:

Exactly. It is just experts assisting on the system used in every jury trial. The theory is it gives you a better chance than if the regular attorney (who is not a behaviourist or psychologist which is part of who the consultants are) picks the jury. Otherwise it is the procedure followed in all trials, just jury selection just in this case the attorney has the benefit of expert advice on who to challenge.

cat

Reply to
cat

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