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Re: (erielack) EL DIamond...(copyright problem examples)



Don't know why this just went to the picture list and this email 

content didn't get to the list, but here it is again.

<excerpt> 

Gentlemen-


Just for the record:


We own the the trademark that is registered and copyrighted with the 

federal government's trademark office for 20th Century Hobbies, Inc.


We also own the the logo and registered trademark for the the 20th 

Century Limited (NYC).  When we created the logo for the hobby shop, 

our lawyer informed us that it was too close to the 20th Century 

Limited logo to be registered.  He was told to buy it from Penn 

Central which at the time was in bankruptcy and eager to sell any 

assets from that company so they could to raise money.  For a 

nominal fee, we purchased the 20th Century Limited logo from them.


Have we had problems??  Only really one.  A broadway show started 

out called "20th Century Limited" and was based on a drama on the 

train.  By the time we had our lawyer contact them, the show 

had folded as a flop.


We have since 1977, given two non-profit organizations permission to 

reproduce and use the logo.  We do intend to protect that copyright 

and registered trademark from any misuse and/or without our permission.

The first was to PBS who, in the opening of a show filmed in the
Smithsonian 

Institute, the logo (NYC, 20th Century Limited) was pictured in the 

introduction (it is one of the original tailsigns for the train).  

We gave PBS written permission to use.  URHS is restoring an 

observation car "Hickory Creek" and wanted to use the same logo used 

on the original car. We gave our written permission.  A Railfan club 

in Chicago, that is non-profit organization and runs railfan trips, 

uses the logo and we have not given our permission, but we have not 

pursued any action against them.  We are aware that modelers, 

manufacturers of hobby models and some distributors have used this 

logo on their models, which we feel only promotes our logo, the hobby 

and modeling and have not pursued action against any of them.


When we find someone using our logos <bold><bigger>to
profit</bigger></bold> by it's use, our 

lawyers will defend our rights and pursue action against them.


We DO NOT own the Erie Lackawanna logo or any of it's registered 

trademarks (list requirement) and have no idea who does, but be 

careful out there.  Some registered trademark owners and 

copyrighters are very protective.


- -Joe Jordan

20th Century Hobbies, Inc.


bcatCS_@_aol.com wrote:

>Most of the copyright stuff used in modeling is overlooked by the owners
but 

>there are a couple of exceptions.  Notably, for the circus modeling
crowd 

>there are no current Ringling Bros. models or decals available.  There
are no 

>Coca-Cola models available that are not under license.  The UPS models
that 

>(I think) Walthers puts out don't say UPS although they look an awful
lot 

>like "The Truck."  And finally, have you noticed that Microscale decals
for 

>Tidewater (Flying A) service stations are no longer available and that 

>LifeLike disavows any knowledge of the 10,000 tank cars the made with 

>Tidewater reporting marks? Turns out that Texaco owns the copyright. 
Seen 

>any Texaco stuff lately? 

>

>Note too that LifeLike also won't talk about the Sinclair 10K tanks
either.   

>I checked the web site to see if they ever made any factory assembled 

>versions or either of these.  I have the four road numbers they put out
in 

>kit form of each and none of them are there, so I called the 800 number
to 

>ask about them.  They didn't seem to know what I was asking about!

>

>If it wasn't for lawyers we wouldn't need lawyers - B. Franklin

>

>Regards,

>

>Bob

>ELHS 3117

>NMRA 116615

>

>Regards,

>

>Bob

>ELHS 3117

>NMRA 116615

>

>

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