VMT's Class J Trademark

[NW Mailing List]

Wait and see what there trade mark stuff really is. For now it's just a bunch hype spread by him 

Larry Evans




"There's the sun, there's the moon, there's the air we breathe, and
there's the Rolling Stones"  Keith Richards

> On May 29, 2015, at 12:29 PM, NW Mailing List <nw-mailing-list at nwhs.org> wrote:
> 
> 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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