Erie Railroad logo trademark?

RussNelson wrote:Hmmmm.... If the NYO&W still existed the O&WRHS logo would certainly be infringing.

If the NYO&W sitll existed there probably wouldn't be an NYO&WRHS

chen1234 wrote:

RussNelson wrote:Hmmmm.... If the NYO&W still existed the O&WRHS logo would certainly be infringing.

If the NYO&W sitll existed there probably wouldn't be an NYO&WRHS

Sure there would!
a railroad doesnt have to be gone for it to have a HS about it:

http://www.nyswths.org/about.htm

http://www.uphs.org/

http://www.fobnr.org/

http://thecrhs.org/ (began in 1995, while CR still existed)

im sure there are other examples..

Scot

Here is a logo I just made:



using the rr-fallenflags scan as the source:
http://www.rr-fallenflags.org/el/dwg/152-7-537.GIF

feel free to use it however you like..

Scot

chen1234 wrote:The O&WRHS actually owns the O&W logo/trademark Russ.

Anybody can make any sort of claim about any trademark. Just because somebody claims trademark rights, doesn't actually mean that they have them. Just because somebody registers a trademark, that doesn't generate any ownership rights (other than presumed ownership). Actual ownership is determined by the courts. Since there is no successor corporation to the NYO&W (as far as I know), they're not going to get any challenges there. The only party to challenge them for ownership might be a competing historical society. Without anybody to challenge them, ownership is a moot point. Somebody who wants to sell an O&W product might challenge their ownership, but given that they don't charge a licensing fee, where's the beef? At least they have a clear and fair trademark licensing statement, unlike some prototype railroads who shall remain unnamed.

I found out who owns the name, logo, appearance, etc. and it turns out its an old friend of mine! As per his request, I will not release his name, but will say that it is a private, "one-man-show" who's goal is to protect it and let it still exist and accessible.

scottychaos wrote:Here is a logo I just made:



using the rr-fallenflags scan as the source:
http://www.rr-fallenflags.org/el/dwg/152-7-537.GIF

feel free to use it however you like..

Scot

Thanks, Scot. I've had no avatar here on rr.net, so I'll put the Erie diamond to good use.

RussNelson wrote:

chen1234 wrote:The O&WRHS actually owns the O&W logo/trademark Russ.

Anybody can make any sort of claim about any trademark. Just because somebody claims trademark rights, doesn't actually mean that they have them. Just because somebody registers a trademark, that doesn't generate any ownership rights (other than presumed ownership). Actual ownership is determined by the courts. Since there is no successor corporation to the NYO&W (as far as I know), they're not going to get any challenges there. The only party to challenge them for ownership might be a competing historical society. Without anybody to challenge them, ownership is a moot point. Somebody who wants to sell an O&W product might challenge their ownership, but given that they don't charge a licensing fee, where's the beef? At least they have a clear and fair trademark licensing statement, unlike some prototype railroads who shall remain unnamed.

I totally agree with you. I am a shareholder in Erie Lackawanna Inc. Since the stock is not transferable anymore, I will be forever! Why not? I spoke with Mr. Harry Zilli, jr on the phone about buying the EL company without assets. I didn't speak with Conrail, Why would I? This was the 1990's I spoke to EL in the Midland Building in Cleveland, Ohio. I don't have the date, but it was before the final closeing of the company in the early 1990's. He said "it could be done" but since they had lawsuits (over black lung at the Pennsylvania Coal Company???) I might be buying trouble. I should just wait untill EL was gone and do anything I wanted. Perhaps if you could find Mr. Harry A. Zilli jr today. He could help give you advice on this matter. He seemed to be a very nice person, It would be nice if he was still around. He was the last President and Chief Executive Officer of EL. I cannot give you advise, just my opinion but EL owed money. And those people owed would like to still get paid. So if any company today, says they are the EL or what's left of it. Perhaps you can arrange for them to pay these people and companys what their owed with interest.