VMT's Class J Trademark

[NW Mailing List]

It is a shame that we are even having this discussion.  As someone else has already stated a LOT of people gave money to this effort as donations. 
If I were one of those folks I would be disheartened that my hard earned funds, which I could have spent on something else, were used so that VMT can now make money on a project they needed my and others' financial contributions for. 
  
What troubles me even more is that NWHS has apparently decided to go along with VMT given the nature of Ron's comments below.  If so I am extremely disappointed in the Society's Board of Directors if they have put their stamp of approval on this or taken no position against it.   Does VMT really think the "sellers of mass-produced retail goods" are going to heed their trademark?  The VMT Trademark Police will be very busy with this situation; think of the dollars that will be expended by VMT to enforce the trademark.  Sure those dollars and lawyers fees may be assessed in a court action to enforce the trademark; I'm sure all of those "sellers of mass-produced retail goods" have such deep pockets they will write a check on the spot! And really, how much of a "royalty" can VMT expect to receive from the sale of "t-shirts, pictures, coffee cups, calendars, books." 
What is next? Trademark the A and Y6a?  Don't laugh; if VMT gets away with the J trademark what is to stop them? Where will the line be drawn?  I think each of us will have to draw their own line and I know where mine will be. 
  
Certainly NWHS has invested a lot of money, blood, sweat and tears in its Archives; does that mean we can trademark everything N&W and VGN? 
  
This is a very sad situation for me to see NWHS in and I have lost a lot or respect for VMT. 
  
Jim Brewer 
Glenwood MD 
  
  
----- Original Message -----

From: "NW Mailing List" <nw-mailing-list at nwhs.org> 
To: "NW Mailing List" <nw-mailing-list at nwhs.org> 
Sent: Sunday, May 31, 2015 10:47:59 PM 
Subject: Re: VMT's Class J Trademark 

Let me state what I know about this topic. 

Having 611 back in operation has vastly increased the interest and 
popularity in the locomotive. 

VMT and the FireUp 611 committee have invested a lot of money putting 
611 back into operating condition. To keep 611 in operating condition 
will require even more money in the future. 

People and organizations who PROFIT from SELLING things (t-shirts, 
pictures, coffee cups, calendars, books) associated with the 611 should 
help support keeping it going. Read the next to last paragraph to see 
the true targets of these trademarks - "mass-produced retail goods." 

Another target of this trademark are major corporations that may wish to 
use 611's image in their advertising. Kohler and Mercedes(?) have done 
so in the past. Would it not be great if a large corporation paid a 
significant fee for rights to use 611 in their advertising? 

Note that those who are selling "small quantities" are simply asked to 
e-mail an inquiry. To protect the trademark, everything falling under 
the trademark must be properly licensed. Thus even those selling small 
quantities must be licensed and acknowledge VMT's trademark. For those 
falling in this "small quantity" category, the license fee if any will 
be very small. 

If you are not selling anything, then none of this trademark stuff 
applies to you. You can share photos with your friends and the Internet 
with no problems. 

For books and publications, authors are asked to work with their 
Virginia Rail Heritage Partners which includes NWHS and the Roanoke 
Chapter NRHS. The partner organizations will be granted licenses to 
cover the trademark. Thus there will be no impact on "The Arrow" or 
"Turntable Times" 

It is my understanding that at this point an application has simply been 
made for the trademarks. The applications may or may not be approved. 
The items and images mentioned have passed some preliminary approval. 

Norfolk Southern is aware of VMT applying for this trademark and has no 
objections to it. 

VMT is not looking to gouge folks, but simply wants those who benefit 
and profit in big ways by having 611 running again to help keep it that way. 

Ron Davis 
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