Union Pacific Trademarks

[GreatLakesRailfan]

I just got (earlier today) the latest issue of Model Railroad News, and was reading the letters to the editor. The first three or so dealt with the Union Pacific licensing deal. I did not realize that UP was going after more than just the model makers. Can anyone verify exactly what all they are going after now? The topic that the letters seemed to deal with concerned a calendar, called Steamscapes if I recall correctly. Will we be seeing more and more lawsuits over who has rights on images taken (via camera or video) by private individuals which are then resold?
Charles W.

[patrick]

I have news for the friggen UP. If I take a pic of their trains and wish to sell it, it'll be a cold day in you know where before I ask their permission or give them a darn penny for it. If a private individual really wanted to and had the cash to, they could take that to the largest court in the land and win. We have rights in the country. The why its called the land of the FREE. lord knows they aren't talking free as in gas prices or milk.

[Eric Berger]

I agree with you, Patrick; if the UP really didn't want people to take pics of their trains, you'd think they'd create either a) a nondescript herald (Such as all battleship gray,) or b) a herald so tacky that nobody would be caught dead photographing it (as in, say, purple and orange...or two other colors that clash.)

Sounds to me as if the UP may be getting a little too big for their britches...

[GreatLakesRailfan]

I didn't mean to get you all riled up, Patrick. But you've expressed my feelings too. I was just asking to see if anyone else had heard about it, or if UP suing because they evidently hired too many lawyers was becoming more commonplace. In case you're interested, the editor of the magazine included a link to an online story, which I'm going to try to include...
http://www.modelrailroadnews.com/pages/Steamscenes.html

[patrick]

Charles, I'm not riled up, I just have no problems expressing my feeling when it comes to something like that. If the UP is egotistic enough to try to sue people for takeing personal pictures, tham is my mind they should GET A LIFE

[GreatLakesRailfan]

Sorry, too used to watching my steps to avoid setting people off. But I agree with what you said. My fear is how long until they decide to go after other stuff, like other small organizations who may publish pics of UP 'trademarked' equipment. Come to think of it, someone mentioned that the Cumbres and Toltec Scenic is being more or less forced to reletter their equipment because UP is claiming all rights to the D&RGW name and image. But I think its more than get a life. It suggests to me more of a example of a) how bad our justice system is that people/corporations can actually get away with crap like this, and b) unfair taxation of a kind. And I believe taxation without representation is something our Bill of Rights of Constitution or something forbids. Granted, its not a government body doing the taxation, but if the government is enforcing rules that tread on Joe Cool, like this deal seems to, its close enough, and a violation of our rights, not only as railfans, but also to the general public. Who's to say that the Walt Disney group can't use a ruling in Union Pacific's favor to enforce either a ban on people taking photos on Disney property (as opposed to bands of roving photographers taking pictures and charging fees for doing so) or some similar deal where Disney would get some sort of money for every photo taken on or of their property. Sounds far-fetched and a little off topic, yes, but if the courts rule in UP's favor, it or something similar could happen. I think I'm probably preaching to the choir, but how long until other corporations start pulling stunts like this, companies that are not railroads or even rail related. I can't think of a good example (other than the far-fetched Disney one), but I can see it happening, especially in our rather cash-strapped economy.
A little far-fetched, yes, but for what its worth, also possible...