by walt
Otto Vondrak wrote:You dont need to charge a licensing fee to exhibit control over your trademark... Especially with UP controlling the properties of maybe a dozen fallen flag names under its umbrella (UP, SP, DRGW, CNW, CGW, M&StL, and many more), this only adds up to greed- or bullying. Take your pick.This is all very true, however the courts will not be concerned with whether UP's position is greed, bullying, or something else. They will only be concerned with whether UP has the legal right to control access to the use of its present logo, and whether its present action is a "proper" ( legally) exercise of that right. As a practical matter I doubt very much whether UP loses anything because there are Athern or Lionel model trains running around people's basements or rec. rooms sporting the UP logo, or whether use of that particular logo is anything more than a minimal factor in the profits earned by Athern and Lionel from the sale of their model railroad equipment. This might be a factor in the damages phase of any trial, but won't affect any holding that UP has the right to charge what it will for the use of the logo. Charging for the use of fallen flag logos, however, may be another matter.
-otto-
Please Move to the Rear and Speed Your Ride
( Philadelphia Transportation Company)
( Philadelphia Transportation Company)