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Western Railroad Discussion > A quick poll. UP pay attention!


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Date: 06/04/04 11:41
A quick poll. UP pay attention!
Author: rdsexton

A quote from the UP suit against Athearn and Lionel...

"It also alleges that their use of the UP trademark on model trains “is likely to cause confusion or deception of purchasers as to the source of origin of its goods” and that purchasers are likely to buy trains bearing the UP's trademark “believing that they are sponsored by, affiliated with, or endorsed by” the UP."

The poll questions for you:

1) When you buy a UP decorated model, are you confused as to its origin.
2) Do you think UP makes models?
3) Do you think they are "sponsored by, affiliated with, or endorsed by” the UP?

Now don't get in flame mode here. Just stick to the question because it is very pertinent to the claims made. Answers, anyone?



Date: 06/04/04 11:43
Re: A quick poll. UP pay attention!
Author: J.Ferris

1. no
2. no
3. no

J.



Date: 06/04/04 11:44
Re: A quick poll. UP pay attention!
Author: CimaScrambler

Of course not! to all three questions. - Kit



Date: 06/04/04 11:56
Re: A quick poll. UP pay attention!
Author: barbarian

> A quote from the UP suit against Athearn and
> Lionel...
>
> "It also alleges that their use of the UP
> trademark on model trains “is likely to cause
> confusion or deception of purchasers as to the
> source of origin of its goods” and that purchasers
> are likely to buy trains bearing the UP's
> trademark “believing that they are sponsored by,
> affiliated with, or endorsed by” the UP."
>

Only a group of real dips$^&s would even make such a statement.



Date: 06/04/04 12:10
Re: A quick poll. UP pay attention!
Author: SLOtrainbum

1)NO
2)NO
3)NO

John in SLO



Date: 06/04/04 12:16
Re: A quick poll. UP pay attention!
Author: stevelv

UP seems to spend a great deal of time and effort towards this trademark issue while someones shipment sits in some Desert siding for 5 days due to lack of crews, power, plugged yards etc. Hmmmm? Is it just me or does anyone else something wrong with this picture?



Date: 06/04/04 12:16
Re: A quick poll. UP pay attention!
Author: atsf5704

I don't think "dips$^&s" goes far enough.

> 1) When you buy a UP decorated model, are you
> confused as to its origin.

No, but UP might be since they like to route California bound cars east and Illinois bound cars west as well as regularly "losing" cars.

> 2) Do you think UP makes models?

No, my UP models move on the layout, not just sit, hogging mainlines and sidings both.

> 3) Do you think they are "sponsored by, affiliated
> with, or endorsed by” the UP?

No, all the ones I've bought are quality models, unlike UP customer service.




Date: 06/04/04 12:25
Re: A quick poll. UP pay attention!
Author: atsf5704

UP's image as presented by the UP company store:






Date: 06/04/04 12:25
Re: A quick poll. UP pay attention!
Author: Lone Star

No to all three. I sold off all of my UP stuff since it refused to run. It just sat there...

John



Date: 06/04/04 12:28
Re: A quick poll. UP pay attention!
Author: Wildebeest

No, no, and no, of course. This will be a difficult statement to support.

DFW



Date: 06/04/04 12:38
Re: A quick poll. UP pay attention!
Author: coachyard

1) No.
2) No.
3) No.



Date: 06/04/04 12:48
Re: A quick poll. UP pay attention!
Author: wabash2800

atsf5704 Wrote:
-------------------------------------------------------
> UP's image as presented by the UP company store:
>

Laughing my ass off and rolling on the floor. And they are afraid companies like Lionel and Athearn will make inferior product with their logo on it?




Date: 06/04/04 12:52
Re: A quick poll. UP pay attention!
Author: Qlives

no; no; no
How stupid does this lawyer type masking the quote think we are?



Date: 06/04/04 13:00
Re: A quick poll. UP pay attention!
Author: atsfman

no
no
no

but I have solved the problem on my Santa Fe. All UP cars are headed for the workbench for decontamination, stripping, painting and decaling in the roads of my choice.
Bob



Date: 06/04/04 13:13
Re: A quick poll. UP pay attention!
Author: DiggerSD60

#1..........No
#2...........No
#3...........No!!!!!

(all this UP crap suck.Glad i'm a BNSF stockholder)



Date: 06/04/04 13:47
Re: A quick poll. UP pay attention!
Author: ssw

No cubed.



Date: 06/04/04 13:49
Re: A quick poll. UP pay attention!
Author: gp60m122

I hope the Defendants mention those who have been refused a licsense
No all round on the questions ,. Over paid dumb ass Lawyers

Andy g



Date: 06/04/04 14:13
Re: A quick poll. UP pay attention!
Author: trakmous

> 1) When you buy a UP decorated model, are you
> confused as to its origin.

It's possible. It's called outsourcing.

> 2) Do you think UP makes models?

I 'believe' that UP does not manufacture models.

> 3) Do you think they are "sponsored by, affiliated
> with, or endorsed by” the UP?

Today I 'believe' that UP models should be "licensed by" UP if they are for sale.



Date: 06/04/04 14:15
Re: A quick poll. UP pay attention!
Author: milwfan

I forget the name of the manufacturer but these wood models are designed to work with the "Thomas the Tank" and "Brio" layouts. I bought a bunch, at my local hobby shop, for my nephew to spark his interest in real railroads until he's old enough for electric trains...I am happy to report it's working too. By the way these are Made in the U.S.A.



atsf5704 Wrote:
-------------------------------------------------------
> UP's image as presented by the UP company store:
>
>





Date: 06/04/04 15:04
Re: A quick poll. UP pay attention!
Author: railstiesballast

No confusion: A model of a Boeing 737 aircraft painted in United Airlines colors made by a model company is not confused with Boeing Aircraft nor United Airlines. A model of a Ford Mustang is not confused with Ford Motors. Both are artistic representations of the real thing.



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