VMT's Class J Trademark

[NW Mailing List]

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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