VMT's Class J Trademark

[NW Mailing List]

Simply put after reading this I have lost just about all respect I have for
VMT. As you said, the VMT logo and fire up 611 logos are one thing but
taking claim to the 'image' of the locomotive is ludicrous if you ask me.
In stead of showing off 611 as their pride and joy they are treating her as
just a piece of signage...

Just my humble opinion,

Nate
Galaxy
On May 29, 2015 12:05 PM, "NW Mailing List" <nw-mailing-list at nwhs.org>
wrote:

> I've been reading with great distress the Virginia Museum of
> Transportation's trademark claim not only on 611 but on all of the class
> Js.  Among their claims:
>
> "the likeness of the Norfolk & Western Class J streamlined locomotive,
> including its shape,
> color scheme and unique features."
>
> "If you are a photographer or artist wishing to sell small quantities of
> unique and original works featuring the Virginia Museum of Transportation
> or the Norfolk & Western Class J locomotive or the Class J 611 locomotive,
> please contact trademark at vmt.org."
>
> "Permission from the Virginia Museum of Transportation must be given
> before any works of fiction or non-fiction are published."
>
> The entire policy can be read here:
>
> http://fireup611.org/trademark/
>
> I personally find these claims disturbing and legally dubious.  Based on
> these assertions, the Society would need the VMT's permission to publish
> any article in the Arrow or any book that had anything to do with the J
> class engines.  Futhermore, a photographer who photographed the 611 or any
> other J on the mainline from public property would need the VMT's
> permission to publish his own photographs, which by law he automatically
> owns the copyright to.  Even a history book on the N&W or fictional novel
> that included the Js would need permission.
>
> Protecting their own logo and even the FireUp611! name is one thing, but
> claiming total control over everything that has to do with the 611 and the
> J class is a huge overreach.  It generates negative publicity, upsets a key
> group of supporters, and will undoubtedly result in costly legal fees to
> defend this trademark claim.  If a small railroad calendar publisher can
> take down mighty Union Pacific over trademark claims, then the VMT would be
> an easy target.
>
> Marty Flick
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