Your point is irrelevant. UP are a railroad - the various model manufacturers are not attempting to counterfeit their operation. UP produce no goods in the sense that you mean, so there can be no unlcensed goods to damage their reputation. If UP were making and selling a range of lifestyle products, and Athearn started making knock-offs, your argument would be valid.
You are an idiot.
Bingo.
Mr. Newton has identified the exact point that will defeat any attempt by UP to enjoin use of its alleged trade / service marks or to obtain damages for the use of its alleged service / trade marks.
The entity which UP sued would win, and would be awarded its attorneys fees and costs, and probably also serious Rule 11 sanctions against UP's lawyers and UP.
The sad part is that defending against a UP legal assault would probably break any model manufacturer in the interim.
-- Jim McLaughlin
Please don't just hit the reply key. Remove the obvious from the address to reply.
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They paid a LOT of money to acquire those lines - lock, stock, barrel & trademark.
Do you think they just turned themselves over to the U.P. for free?
Such a reassuring island of seni - er, uh, stability - in these troubled times!
Just exactly how much is the license fee?
Yes you are. Thanks for pointing that out. When all else fails, I can always count on you making an idiot of yourself on RMR whining about issues you have no knowledge of or impact on.
Three percent on the manufacturers selling price - that usually means on the wholesale price.
CTucker NY
Three percent of the wholesale cost of U.P. branded models, or 0.5% of the wholesale cost of all model sold - whichever is less.
wholesale cost of all model sold - whichever is less.< Or minimum of $100 as I believe the site says that is the money you must pay upfront. I think the choice of whichever is less is the manufacture's choice. Of course if they keep bad books they may choose the wrong one.
No that's Faux News.
OK, go back to the Janklow Defense Fund blog now.
Oh, you mean it's not the Fox Spews Defenders group?
Nothing is a $5 increase per UP item you pay? Can you mail me 1000 times nothing please?
The licensing fee UP is charging Lionel et al. seems to be less then the licensing fee Lionel is charging Hallmark (for the Lionel train ornaments.) It doesn't bother me. I bought both this year's ornament(s) and a new UP O-ga Challenger.
Kent in SD
Oh, you mean it's not the Fox Spews Defenders group?
Or better yet, CNN--where it belongs.
Kent in SD
They're obviously worried about the model train companies cutting into their core business. :^o
I pity the mental and experiential poverty of one who thinks CNN is "leftist". When they buy Hallmark Lionel ornaments as well, that just adds pathos. Too bad about your congressman.
I just don't understand all this bitching about the UP. After all they own the right to do this. I know a bunch of you guys are sports fans. Don't you pay for the name of your favorite team on shirts, hats, cups etc. Do you bitch. NO. Then here comes UP and bitch moan bitch moan. I just don't understand it. Most of you are probably under 45, drive SUVs (that guzzle gas) have high dollar cell phones for everyone in the family and probably live in houses larger than what you need. Otherwise, you spend money out your arse. Then just because the UP wants $3-4 dollars on a $120 locomotive (decoder included) you go ballistic. Well, I hope the UP is able to get this through. I think they have the right to do that. You guys can just accept it and be happy about it. Is is called profit and it is the American way.
Simple solution, don't buy any product or roadname which the UP has rights to. This leaves lots of roads for you to model, especially east of the Mississippi. Now, aren't we all happy campers
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