Union Pacific, M.T.H. Electric Trains Settle Trademark Dispute

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modelbob

Administrator
Omaha, Neb., November 8, 2006 – M.T.H. Electric Trains and Union Pacific Railroad are pleased to announce that they have amicably settled the trademark infringement case that UP filed against M.T.H in Omaha, Nebraska federal court. The settlement benefits both parties, as well the entire model railroad industry. It allows Union Pacific to continue to protect its intellectual property, and authorizes M.T.H.’s use of Union Pacific’s trademarks and paint designs on model train products and accessories. Union Pacific has also decided to change its trademark-licensing program so that model railroad manufacturers will no longer have to pay a royalty, and will enjoy a perpetual license to use Union Pacific trademarks and paint designs on model railroad products.

In reacting to the end of the yearlong legal battle, M.T.H. recognized the commitment of UP to make a change. "UP deserves a lot of the credit here," Wolf stressed. "UP's willingness to reconsider its position with regard to model train manufacturers' use of its trademarks allowed a deal to be struck. UP has long been a friend and a steward of the hobby and this new license reflects that."

Wolf added that the case was a big drain on M.T.H.’s resources but worth the effort. "For seventy years, Union Pacific and the other railroads have worked with our industry to develop and nurture the model-railroading hobby. The UP license that had been in effect did not properly reflect that mutually beneficial and rewarding relationship."

Bob Turner, Senior Vice President Corporate Relations for Union Pacific, said, "Mike Wolf is to be commended for his commitment to the model railroad industry. His energy and passion helped us find a solution that will better reflect the positive relationship that Union Pacific and the model train industry have enjoyed for many years."

To help commemorate the new arrangement between UP and the model train industry, M.T.H. will release a yet-to-be determined Union Pacific-sanctioned commemorative model locomotive.
 

modelbob

Administrator
This is the most important part of the article in my opinion.

Union Pacific has also decided to change its trademark-licensing program so that model railroad manufacturers will no longer have to pay a royalty, and will enjoy a perpetual license to use Union Pacific trademarks and paint designs on model railroad products.
No fees and a perpetual license. Now that is a fair and reasonable licensing program.
 

eastonj

New Member
Wow. So are the model manufactures going to drop that silly $5.00 surcharge some of them have been adding to UP painted locos?

-Jeff
 

sushob

Entrepreneurial Teen
Wow. So are the model manufactures going to drop that silly $5.00 surcharge some of them have been adding to UP painted locos?

-Jeff
Probably not for any existing products, since I think they already paid UP for the rights to make them, but I don't see why they would charge any extra for future products.
 

RexHea

RAIL BENDER
Well, with all the flap that went on with MTH, I am glad to see something positive happen for the good of the entire hobby.
 

BigD

New Member
Does this mean I have to change my little comment in my avatar?!?!
 
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JeffShultz

Stay off the tracks!
BigD - no, because other than Nils Huxtable's Steamscenes, no non-model RR items are covered by this agreement. :)
 

OldGettysk

Running the MC & Buffalo
Union Pacific is a stuburn lot not just in licensing but in all their endeavors. So it was nice to seem them bend for a change !!
 

rhoward

S.L.O.&W. Trainman
Ata boy Mike! I will take back all the nasty things I ever said about MTH. (Actually I really haven't said much about MTH, so.......... )
 

grande man

Bonafied Grande Nut
This is the most important part of the article in my opinion.



No fees and a perpetual license. Now that is a fair and reasonable licensing program.


But wait... I thought UP was the big bad wolf. ;)










This is great news for our hobby. UP has also done much for historical preservation. Their steam program and heritage locos are AWESOME! What a cool railroad.:cool:
 

HaggisKennedy

Coal Shoveler
This is one of those 'who do I hate more' situations, where there were a fair number of folks who hated both companies, and would have liked to see both claw each other to death. But, having said that, I suppose most would agree that having MTH win was better than the other way. Though I perceive some folks would grind their teeth that MTH won....

Kennedy
 

Steve B

Firefighter
I must have missed something along the way ????????????

why is there/was there bad feeling towards Mike at MTH, i noticed he was always getting a dressing down across the street but never asked why
 

jbaakko

Diesel Detail Freak
There's alot of hard feelings against a hobby company that "started its life" in a lawsuit with another company. I'll look past it now.
 

RexHea

RAIL BENDER
Steve: Best look over across the street and do a search about MTH. That way we won't have that mess starting up over here. That thing went on and on and ...
 




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