VMT's Class J Trademark

[NW Mailing List]

NWHS: I greatly disappoints me that our society is in approval with the
trademarking of the 611 and all its J class. If VMT wants to trademark the
current Class J 611 with all the graffiti, that's fine with me. But our
society Should be ashamed of itself in the endeavor and I am shore most
members in the society would disagree with the board's decision. I believe
this should be brought up at the upcoming convention and voted on by the
members. 
I have talked someone in experience with the UP tradmarking and learned the
vmt will have a hard time enforcing the trademark. He stated that vmt can
not pick and choice who is to pay the licensing fees including the NWHS.
That would mean the we could not use Ex: "Class 613" as stated on their
trademark website.
I WILL NOT submit anything to VMT for approval on anything that does not
have to do the current modified 611.

This in my opinion is a sad day for our society to condone this behavior and
SHAME ON THE BOARD!
I agree with Jim Brewer 100%. 
Stephen Rineair 

  
From: NW-Mailing-List [mailto:nw-mailing-list-bounces at nwhs.org] On Behalf Of
NW Mailing List
Sent: Sunday, May 31, 2015 11:21 PM
To: NW Mailing List
Subject: Re: VMT's Class J Trademark

VMT and FireUp 611 have invested a lot of OTHER people's money that was
donated to them for this purpose.  If the donations could be made for
restoration, they can be made for continued operation.  If they have
succeeded in doing so without trying to cash in on everything to do with 611
and the other Js in the past, they can continue to do so.

Furthermore, there is still the legal dispute over the publication of one's
own photographs.  It was actually the pusblishing of a Union Pacific
calendar that got UP in trouble with their trademark claims, and the same
will likely happen to VMT, especially as it applies to the other Js.  

Suppose someone requests permission from VMT to include 611 or the Js in a
book, but VMT denies permission because they did not like the way the 611 or
Js were represented?  It's not like Disney can stop someone from publishing
a book about their company or parks because they don't like the way they are
depicted in said book.

And consider the comments and complaints about the cost of model trains and
the availability of accurate N&W models.  Are you willing to pay more for
your next model J?  What if model Js disappear from the market?

In the end, this policy generates negative publicity for and resentment
towards the VMT, and will almost certainly cost the VMT precious financial
resources to defend in court, a defense that may not even hold up.  It is an
arrogant, overreaching, and poorly made decision.

Marty Flick


---- NW Mailing List <nw-mailing-list at nwhs.org> wrote: 
> 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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