VMT's Class J Trademark

Mon Jun 1 17:14:56 EDT 2015

Alex 

   I got to go with Jim here. I know Ron’s statement says it’s what he knows but reads like am endorsement of the issue.

Virginia Rail Heritage Partners which includes NWHS and the Roanoke Chapter NRHS puts us right in the middle of it

I personally think the Board needs to take a stand here against this and all the rewriting rebranding of history. We

are a historical society and should not be supporting VMT.  When it comes to historically correct they are not the origination.

“Sprint of Roanoke”, Warhorses, The fluffy Tucson Red paint article, list goes on and on they operate like a branch of the Roanoke

Chamber of Commerce not a museum.  This exactly why Preston Claytor resigned from VMT and the Fire Up 611 . It’s time for are  

Origination to make a stand here.  

Larry Evans

Kenova, WV

From: NW-Mailing-List [mailto:nw-mailing-list-bounces at nwhs.org] On Behalf Of NW Mailing List
Sent: Monday, June 01, 2015 2:49 PM
To: 'NW Mailing List'
Subject: RE: VMT's Class J Trademark

Jim,

You are making an incorrect assumption with regards to the NWHS and NWHS BoD. Ron’s message states this is what he knows about the topic which is with regards to an unapproved trademark application. 

NWHS BoD began making inquiries about the trademark application in April. At this point we have been verbally told it will not affect the NWHS. It is hard to go beyond that statement until an actual trademark is approved and we know what we are actually dealing with. The topic had not been officially taken up by the BoD because we are presently dealing with conjecture and opinion. My own personal views are that the present trademark application beyond the logo and the slogan is an over reach. 

NWHS and VMT are separate organizations. NWHS deals with paper. VMT deals with mechanical things. There is no real juxtaposition of each organizations objectives, so please don’t conflate the two separate organizations. 

The NWHS BoD deals with organizational objectives derived from the NWHS Charter, Mission Statement and Vision Statement. My opinion is an expression of NWHS disapproval, while sounding nice, is truly irrelevant to VMTs business plans if, in fact, they plan to operate the J. While NWHS has supplied a multitude of plans from the archives for the J restoration, NWHS is not their advisor. So I am not sure what situation you have placed the NWHS in in your last sentence. NWHS is not a lobbying body or a VMT governing body. NWHS members can make their views known to VMT and NWHS BoD can choose to make an expression of concern, but like you, in the end, we are simply observers (and commentators) of life passing by with regard to VMT and its plans.

With regards to the archives, NWHS does charge people for using material from the Archives for reproduction purposes (books, videos, industry or historical displays) and we have a policy stating that just as every other historical archives charge for photos, research documents, etc. Sometimes all we ask for is a courtesy note explaining where the photo or document came from. Those funds contribute to the operational upkeep of the archives. Of course we don’t charge for anyone wanting to take a picture of the building from a public thoroughfare.

Alex Schust 

From: NW-Mailing-List [ <mailto:nw-mailing-list-bounces at nwhs.org> mailto:nw-mailing-list-bounces at nwhs.org] On Behalf Of NW Mailing List
Sent: Monday, June 01, 2015 9:49 AM
To: NW Mailing List
Subject: Re: VMT's Class J Trademark

It is a shame that we are even having this discussion.  As someone else has already stated a LOT of people gave money to this effort as donations.

If I were one of those folks I would be disheartened that my hard earned funds, which I could have spent on something else, were used so that VMT can now make money on a project they needed my and others' financial contributions for.

What troubles me even more is that NWHS has apparently decided to go along with VMT given the nature of Ron's comments below.  If so I am extremely disappointed in the Society's Board of Directors if they have put their stamp of approval on this or taken no position against it.   Does VMT really think the "sellers of mass-produced retail goods" are going to heed their trademark?  The VMT Trademark Police will be very busy with this situation; think of the dollars that will be expended by VMT to enforce the trademark.  Sure those dollars and lawyers fees may be assessed in a court action to enforce the trademark; I'm sure all of those "sellers of mass-produced retail goods" have such deep pockets they will write a check on the spot! And really, how much of a "royalty" can VMT expect to receive from the sale of "t-shirts, pictures, coffee cups, calendars, books."

What is next? Trademark the A and Y6a?  Don't laugh; if VMT gets away with the J trademark what is to stop them? Where will the line be drawn?  I think each of us will have to draw their own line and I know where mine will be.

Certainly NWHS has invested a lot of money, blood, sweat and tears in its Archives; does that mean we can trademark everything N&W and VGN?

This is a very sad situation for me to see NWHS in and I have lost a lot or respect for VMT.

Jim Brewer

Glenwood MD

  _____  

From: "NW Mailing List" < <mailto:nw-mailing-list at nwhs.org> nw-mailing-list at nwhs.org>
To: "NW Mailing List" < <mailto:nw-mailing-list at nwhs.org> nw-mailing-list at nwhs.org>
Sent: Sunday, May 31, 2015 10:47:59 PM
Subject: Re: VMT's Class J Trademark

Let me state what I know about this topic.

Having 611 back in operation has vastly increased the interest and 
popularity in the locomotive.

VMT and the FireUp 611 committee have invested a lot of money putting 
611 back into operating condition. To keep 611 in operating condition 
will require even more money in the future.

People and organizations who PROFIT from SELLING things (t-shirts, 
pictures, coffee cups, calendars, books) associated with the 611 should 
help support keeping it going. Read the next to last paragraph to see 
the true targets of these trademarks - "mass-produced retail goods."

Another target of this trademark are major corporations that may wish to 
use 611's image in their advertising. Kohler and Mercedes(?) have done 
so in the past. Would it not be great if a large corporation paid a 
significant fee for rights to use 611 in their advertising?

Note that those who are selling "small quantities" are simply asked to 
e-mail an inquiry. To protect the trademark, everything falling under 
the trademark must be properly licensed. Thus even those selling small 
quantities must be licensed and acknowledge VMT's trademark. For those 
falling in this "small quantity" category, the license fee if any will 
be very small.

If you are not selling anything, then none of this trademark stuff 
applies to you. You can share photos with your friends and the Internet 
with no problems.

For books and publications, authors are asked to work with their 
Virginia Rail Heritage Partners which includes NWHS and the Roanoke 
Chapter NRHS. The partner organizations will be granted licenses to 
cover the trademark. Thus there will be no impact on "The Arrow" or 
"Turntable Times"

It is my understanding that at this point an application has simply been 
made for the trademarks. The applications may or may not be approved. 
The items and images mentioned have passed some preliminary approval.

Norfolk Southern is aware of VMT applying for this trademark and has no 
objections to it.

VMT is not looking to gouge folks, but simply wants those who benefit 
and profit in big ways by having 611 running again to help keep it that way.

Ron Davis
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