VMT's Class J Trademark

[NW Mailing List]

Does this mean that VMT will "stamp" "VMT" on everything in its collection?
Stephen Rineair

-----Original Message-----
From: NW-Mailing-List [mailto:nw-mailing-list-bounces at nwhs.org] On Behalf Of
NW Mailing List
Sent: Friday, May 29, 2015 12:29 PM
To: nw-mailing-list at nwhs.org
Subject: VMT's Class J Trademark

I've been reading with great distress the Virginia Museum of
Transportation's trademark claim not only on 611 but on all of the class Js.
Among their claims:

"the likeness of the Norfolk & Western Class J streamlined locomotive,
including its shape, color scheme and unique features."

"If you are a photographer or artist wishing to sell small quantities of
unique and original works featuring the Virginia Museum of Transportation or
the Norfolk & Western Class J locomotive or the Class J 611 locomotive,
please contact trademark at vmt.org."

"Permission from the Virginia Museum of Transportation must be given before
any works of fiction or non-fiction are published."

The entire policy can be read here:

http://fireup611.org/trademark/

I personally find these claims disturbing and legally dubious.  Based on
these assertions, the Society would need the VMT's permission to publish any
article in the Arrow or any book that had anything to do with the J class
engines.  Futhermore, a photographer who photographed the 611 or any other J
on the mainline from public property would need the VMT's permission to
publish his own photographs, which by law he automatically owns the
copyright to.  Even a history book on the N&W or fictional novel that
included the Js would need permission.  

Protecting their own logo and even the FireUp611! name is one thing, but
claiming total control over everything that has to do with the 611 and the J
class is a huge overreach.  It generates negative publicity, upsets a key
group of supporters, and will undoubtedly result in costly legal fees to
defend this trademark claim.  If a small railroad calendar publisher can
take down mighty Union Pacific over trademark claims, then the VMT would be
an easy target.

Marty Flick
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