VMT's Class J Trademark

[NW Mailing List]

Guys, please take a deep breath and calm down.

Full disclosure: trademark and copyright are specialties, and aren't two of
mine.
When we get into discussions of overreaching and enforcement this is going
to get complicated.
Most of us are familiar with what happened with MTH and UP.  I suspect that
VMT's lawyers are also.

And more specifically, Mr. Gibson: Good point; but, NWHS President Ron
Davis has been in communication with Bev Fitzpatrick at VMT ever since this
came out some weeks ago, and at least as far as the Society is concerned my
understanding is that a resolution is very near or reached already.  We
haven't put out anything as it would have been premature.

Please stay tuned.

Frank Bongiovanni

On Fri, May 29, 2015 at 7:13 PM, NW Mailing List via NW-Mailing-List <
nw-mailing-list at nwhs.org> wrote:

>  This is the same group that has or will put "Pride of Roanoke" on the
> cab side of 611. Have they no shame? Will this claim extend to Modelers who
> run models of 611 at a public Open House?  Alan Cox
>
>  In a message dated 5/29/2015 2:05:12 P.M. Eastern Daylight Time,
> nw-mailing-list at nwhs.org writes:
>
> 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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