UP MTH

Union Pacific, M.T.H. Electric Trains Settle Trademark Dispute November 8, 2006 - M.T.H. Electric Trains and Union Pacific Railroad are
pleased to announce that they have amicably settled the trademark infringement case that U.P. filed against M.T.H in Omaha, Nebraska federal court. The settlement benefits both parties, as well the entire model railroad industry. It allows Union Pacific to continue to protect its intellectual property, and authorizes M.T.H.'s use of Union Pacific's trademarks and paint designs on model train products and accessories. Union Pacific has also decided to change its trademark-licensing program so that model railroad manufacturers will no longer have to pay a royalty, and will enjoy a perpetual license to use Union Pacific trademarks and paint designs on model railroad products.
In reacting to the end of the year-long legal battle, M.T.H. recognized the commitment of U.P. to make a change. "UP deserves a lot of the credit here," M.T.H.'s founder and President Mike Wolf stressed. "UP's willingness to reconsider its position with regard to model train manufacturers' use of its trademarks allowed a deal to be struck. UP has long been a friend and a steward of the hobby and this new license reflects that."
Wolf added that the case was a big drain on M.T.H.'s resources but worth the effort. "For seventy years, Union Pacific and the other railroads have worked with our industry to develop and nurture the model-railroading hobby. The UP license that had been in effect did not properly reflect that mutually beneficial and rewarding relationship."
Bob Turner, Senior Vice President Corporate Relations for Union Pacific, said, "Mike Wolf is to be commended for his commitment to the model railroad industry. His energy and passion helped us find a solution that will better reflect the positive relationship that Union Pacific and the model train industry have enjoyed for many years."
To help commemorate the new arrangement between UP and the model train industry, M.T.H. will release a yet-to-be determined Union Pacific-sanctioned commemorative model locomotive.
About Union Pacific
Union Pacific Corporation owns one of America's leading transportation companies. Its principal operating company, Union Pacific Railroad, links 23 states in the western two-thirds of the country and serves the fastest-growing U.S. population centers. Union Pacific's diversified business mix includes Agricultural Products, Automotive, Chemicals, Energy, Industrial Products and Intermodal. The railroad offers competitive long-haul routes from all major West Coast and Gulf Coast ports to eastern gateways. Union Pacific connects with Canada's rail systems and is the only railroad serving all six major gateways to Mexico, making it North America's premier rail franchise.
About MTH Electric Trains
In its 26-year history, M.T.H. Electric Trains has released more new O, Tinplate, One Gauge and HO Scale model trains than any of its competitors combined. Featuring the industry's highest quality ready-to-run starter sets, M.T.H. products come loaded with digital sound and control features in traditional railroad liveries and popular branded themes including the Coors Light Silver Bullet, NFL, Major League Baseball, Harley-Davidson, Caterpillar and more. As an innovative market leader, M.T.H. products have long been lauded for their use of modern technology to expand and nurture the hobby of model railroading.
For more information, contact M.T.H. Electric Trains, President Mike Wolf, 410-381-2580 or Union Pacific Railroad, Director Media Information, James Barnes, 402-544-3560.
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in article snipped-for-privacy@a-err.com, Charles Kimbrough at snipped-for-privacy@a-err.com wrote on 11/8/06 1:58 PM:

I'm not a big fan on MTH and their intellectual property claims surrounding DCC or their sledgehammer approach to the Lionel suit.
But, MTH is to be commended and congratulated for keeping the suit with Union Pacific (and it's fallen flag subsidiaries) going until a reasonable conclusion was reached. It was likely expensive and time consuming for them, but they persevered where others, like Athearn, just caved in due to the cost and potential liability if they lost.
Thanks, MTH.
--
Ed Oates
http://homepage.mac.com/edoates
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What really happened, "new CEO of UP". What we didn't see under the table was that this might have been a nail in the "whatever happen to the old CEO!
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Edward A. Oates wrote:

Exactly. And let's not forget the ungentlemanly way MTH's first HO ads in MR bashed the competition. So why should anyone think they negotiated this "New Deal" strictly for the general good of the hobby?
Personally, I'm reserving my kudos or celebration until after any ulterior motives that may be behind this deal come to light.
Stevert
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Where were MR and RMC in all of this?
These two leading hobby magazines should have been leading the fight against UP instead, silence, deathly silence from both of them.
-- Cheers
Roger T.
Home of the Great Eastern Railway http://www.highspeedplus.com/~rogertra /
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Roger T. wrote:

```````` I agree, Roger, not to mention MRIA and the NMRA.
"Paul - The CB&Q Guy" (Modeling 1960's In HO.)
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Meanwhile, Bob Hundeman was raising a ruckus about it in every other editorial in at least N Scale Magazine.
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That's good to know. MR, RMC, NMRA and MRIA were wimps and should have been leading the fight.
-- Cheers
Roger T.
Home of the Great Eastern Railway http://www.highspeedplus.com/~rogertra /
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On Fri, 10 Nov 2006 00:49:41 -0800, Roger T. wrote:

Let's see if they now step in and claim the "victory", such as it is (the "Fallen Flag" issue still seems unsettled in that they're claiming rights to what they - or their predecessors - long ago abandoneD.
Meanwhile, guerillas, don't throw down your arms.
--
Steve

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in article iuy8ljykdupz$. snipped-for-privacy@40tude.net, Steve Caple at snipped-for-privacy@commoncast.net wrote on 11/10/06 6:49 AM:

Fighting UP cost real money, and specialty magazines don't have it. Believe me, I invested in one which should have been a natural (a skiing magazine for Western US ski areas), and it was always a month to month thing just buying paper! Anyway, MTH may have other flaws, and ulterior motives, but the fact remains that they hung in with UP, paid their lawyers, and won when all other folded their tents and just gave in.
So regardless of their reasons, they are to be thanked. The enemy of my enemy is my friend (at least for now).
--
Ed Oates
http://homepage.mac.com/edoates
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The story I hear is that Hundman is out of business. He's sold CTC Board and N-scale magazine, and I haven't gotten a MM in a few months.
On the flip side, John Sipple at Model Railroad News has been editorializing regularly, so I expect something from him soon.
Kennedy
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wrote:

He's been wanting out of the magazine business for a while. The new owner of N Scale has already put out the first issue.
Hundman is apparently going to concentrate on books rather than magazines.
--
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by the example of Yugos.
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Joe Ellis spake thus:

Too bad; he should concentrate on building stuff. Ever seen his models? This guy builds complete tenders *from scratch*, as well as lots of other things.
His writing sucks, but he's an exquisite modelmaker.
--
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Just FYI: Athearn announced in todays (Nov 16, 2006) news that they are rolling back prices to reflect the new UP licensing policy:
------------------------- Union Pacific License ------------------------- There's big news on the Union Pacific license. The terms have been changed, and we no longer have to pay the railroad in order to make models with their marks. We'll be rolling our prices back on all existing inventory and on all items announced but not yet shipped to match the pricing of all the other road names in each category. You'll see the results in this group of announcements.
So at least one company is passing the savings along. Good job, Athearn!
--
Ed Oates
http://homepage.mac.com/edoates
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I don't know about RMC, but certainly MR had to walk a very fine line in light of the access that they would like to maintain for TRAINS magazine. In the real world, losers are seldom celebrated. : (
Besides, with the way everyone seems to complain about MR (including many in this group), why would they be considered "the voice" of model railroading?
dlm
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"Dan Merkel

Because they like to think they are?
-- Cheers
Roger T.
Home of the Great Eastern Railway http://www.highspeedplus.com/~rogertra /
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On Fri, 10 Nov 2006 11:47:05 -0800, Roger T. wrote:

pweeeng!
Score: +1 for Roger
--
Steve

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No one else has assumed or even aspired to the mantle...!
--
+GF+

"I believe there are more instances of the abridgement of the freedom of the
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After over 4 years and the deaths of countless electrons spent in the discussion of this topic...VICTORY! Bwahahahahahaha! "Ding dong the witch is dead..."
Um, whazzat?
I...I owe it all to...Mike Wolf???
Aw, dammit!
Paul A. Cutler III ************* Weather Or No Go New Haven *************
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err.com:

If you pardon my French, I'll be dipped in shit! It seems like a surprisingly simple and yet very sensible solution.
One cannot help but wonder what happened ?
Did all the high priced lawyers suddenly get food poisoning at the same time, so practical people applying common sense had to sit down and negotiate directly with each other instead of communicating through a couple of layers of lawyers ? ;-)
Oh well - no matter what happened - well done to both UP and MTH!
Smile, Stein
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