Tom and All, It would seem to me (as an afterthought) that the best way
to deal with this issue would be to have the manufacturers band
together in their trade associations to form a cooperative and negotiate
with the UP as a whole. Photographers have been forced to do this is
some instances because the large corporations run over the individual
guys pretty fast.
All this being said, I have seen nothing to suggest that
manufacturers couldn't simple offer a locomotive painted in Harbor Mist
Gray and Armour Yellow with a couple of red stripes without the logos
and slogans. Other than that, in certain situations one could letter
the item Onion Pacific with a peel off O and sell the U separately. I
believe I have a photo shot last year of a real passenger car in St.
Louis Union station lettered for Onion Pacific because the UP fuss over
the logo. The car was being leased for excursion service and had been a
former UP car.
Furthermore it seems as though some angle regarding 'historical
preservation or educational purposes' for using the logos might apply.
For instance if you were to sell a train set as an educational tool by
offering it to schools it might work. After all educational books show
logos as educational systems and governments are exempt from many
regulations. Additional museums have historical items on display also,
also many times older buildings have logos carved into stone but when
the buildings have been sold the logos/names remain.
However, I am not a lawyer nor do I play one on television.
Bob Werre
Thomas Baker wrote:
>With the limited knowledge I have of the Union Pacific requirements
>forlicensing, I believe SHS made a wise move in ceasing production of all
>items decorated for the Union Pacific. Just after news of the demands the
>Union Pacific was making became known, I spoke with a representative from
>Williams Trains in Maryland. He told me then that if the UP required his
>company to ante up, it would cease production of items labeled "Union
>Pacific."
>
>I do not know exactly what "deals" can be carved out between the UP and
>manufacturers of model trains, but anyone can download the standard
>boilerplate from the UP website. It almost seems as if the UP is a para-IRS
>agency requiring reporting of total revenue, reporting of revenue generated
>from the sale of items labeled for the UP.
>
>That is not the end of the matter, however: The UP document goes on to claim
>"rights" to all insignia of fallen flags now part of the UP. That claim seems
>dubious. The company does absolutely no business under the names of any of
>the fallen flags. It does still have equipment lettered for many of these
>roads and has recently had some new diesel units painted for Missouri Pacific
>and Western Pacific with others, it is rumored, still to come, such as C&NW
>and MKT, presumably also D&RGW and SP.
>
>Whether it will also create schemes for what I call second-tier lines now part
>of the system but merged four decades ago into companies now part of the UP
>system I wonder. It might not leave any manufacturer with much to offer. To
>date the UP has been able to sign up a number of manufacturers with nothing
>more than a threatening letter. Which company, after all, has the resources
>to go up against the UP in court? Very few: If the little guy won in a lower
>court, the UP would undoubtedly continue to appeal until the case reached the
>Supreme Court.
>
>Few would argue with licensing requirements if they were simple to meet
>without all the reporting required by the UP strong-arm approach.
>
>In any case, despite my interest in the UP as a significant company in any
>time period one might wish to model, I concur with SHS that cessation of
>production of UP items is for the moment a prudent choice. As for the
>2-9-0--well--how difficult would it be to acquire decals for a UP steam
>locomotive and apply them to an undecorated model?
>
>Tom
>
>
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