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| To respond to this month's Editorial, send comments to: Editorial@modelrailroadnews.com |
The real issue on trademark infringement |
| Last spring, the issue regarding the licensing of Union Pacific’s trademarked logos surfaced. We covered it with a rundown on the six-page application form that was published on their web site. It has since been reduced to five pages, but what you don’t see is the contract that must be signed after the application has been approved. Not having seen this document, I cannot say for sure what’s in it, but those who have would really rather not sign it. Further complicating the mess is that not only is UP licensing all of its current logolia, it is reaching into its own history and back down the roots of all the railroads which it has absorbed along the way. It lays claim to everything which was in the lands of Chicago & North Western, Missouri Pacific, Western Pacific, Southern Pacific, and the Denver & Rio Grande Western. To hear it told, they go all the way back to the old D&RG, Central Pacific, and other roads absorbed by these constituent railroads. More than a few people in legal circles question the legality of this grandiose logo grab. Other railroads are presumably looking on with interest to see how this plays out. Since UP might very well spend more annually on the salaries and retainers of its vast herd of lawyers than the entire model railroad industry is worth, it is questionable whether or not our industry could mount an effective legal challenge. It would be another David & Goliath scenario with non-Biblical outcomes. So, questionable legality or not, the bully tends to win by default. This is truly unfortunate for Union Pacific and the rest of the 1:1 scale railroad business. Railroads are just now starting to crawl out from under the massive restrictions imposed upon them by Congress over the past century. The Sherman Anti-Trust Act, which still is in force, is considered to be the result of railroad arrogance. That same arrogance led to USRA where the Federal Government took over the railroads for a couple of years. It has led to the ICC and now the STB. It resulted in Federal subsidies for highways and airports at the expense of the railroads. Penn Central and Rock Island died for the sins of railroading, and only now is the boot starting to lift off of their necks. And they celebrate this situation by returning to the same arrogance that got them into that situation in the first place. Will they ever learn? Putting their foot down on our necks is not the way to get the foot the rest of the way off their own. Frankly, the model railroad industry could use some bigger friends. First, until they stop this foolishness, the Surface Transportation Board needs to maintain its moratorium on mergers. The other big railroads — BNSF in particular — need to see model railroading as a positive way for people to chase trains. If BNSF would kindly mention this to UP from time to time, perhaps they would listen. The major Class 1 railroads need to understand that an issue like this focuses unwanted scrutiny on their attitudes. Second, Congress could become a really big friend for us. If we could convince Congress to pass legislation restricting logo trademark claims to just those currently in use — spelling it out clearly — that would make it easier for our manufacturers to do business without having to tie up a fortune in litigation. Third, we can’t take up where UP leaves off. We have people running around our industry trying to plant their flags in various trademarks, claiming exclusive rights to sundry logos, and worse. Railroading’s historical logos need to belong irrevocably in the public domain, free of greedy people, regardless of their vocation. What can individual model railroaders do? I’ve heard calls to boycott UP-branded merchandise, but stop and think that through. Manufacturers and hobby shops currently have a considerable quantity of UP product in the pipeline. They would be the ones who get hurt by a boycott, not UP. In fact, nothing we can do as consumers will affect them in any way which they would notice. Our power is that we vote, and the real issue rests with Congress. As citizens, we can petition our Congressional senators and representatives to clear up this situation. If enough of us make enough noise, they will take it up. Just raising this issue in a committee for consideration will catch the attention of lobbyists and then back to the home office in Omaha. Either they have sense enough to drop the whole thing or Congress passes a law. So write to your elected representatives; it’s the only thing we can do. |
John Sipple, Editor |
| To respond to this month's Editorial, send comments to: Editorial@modelrailroadnews.com |
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