An Example of the Impact of the MTH - Union Pacific Settlement
I found the following in a periodic newsletter I receive from Athearn, maker of N and HO scale products.
"There’s big news on the Union Pacific license. The terms have been changed, and we no longer have to pay the railroad in order to make models with their marks. We’ll be rolling our prices back on all existing inventory and on all items announced but not yet shipped to match the pricing of all the other road names in each category."
A great example of the impact the new agreement is having on the model railroad industry.
Insights Into The MTH Union Pacific Settlement by Erol Gurcan
November 8, 2006 - As some of you know by now, MTH and Union Pacific issued a joint press release late this afternoon stating UP’s trademark infringement case against MTH has been amicably resolved. However, the settlement has broader beneficial implications for both the other model train manufacturers and hobbyists alike. First, the agreement means that UP’s case against MTH has been resolved and will be discontinued in the near future without anymore money being spent on lawyers. Thus, more money for research and development, new tooling and electronics. Secondly, the agreement is significant in that it means all model train manufacturers will be allowed to use UP logos and trademarks forever without having to pay a royalty. Mike Wolf confirmed to me today that this agreement also applies to Lionel despite its settlement and licensing agreement entered into almost two months ago. More about that later.
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MTH Settles with Union Pacific
I received this from MTH:
FOR IMMEDIATE RELEASE
Union Pacific, M.T.H. Electric Trains Settle Trademark Dispute
November 8, 2006 - M.T.H. Electric Trains and Union Pacific Railroad are pleased to announce that they have amicably settled the trademark infringement case that U.P. filed against M.T.H in Omaha, Nebraska federal court. The settlement benefits both parties, as well the entire model railroad industry. It allows Union Pacific to continue to protect its intellectual property, and authorizes M.T.H.’s use of Union Pacific’s trademarks and paint designs on model train products and accessories. Union Pacific has also decided to change its trademark-licensing program so that model railroad manufacturers will no longer have to pay a royalty, and will enjoy a perpetual license to use Union Pacific trademarks and paint designs on model railroad products.
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Lionel Announces UP Heritage Collection
Yesterday, Lionel announced in a press release that they will produce an "officially licensed" version of Union Pacific’s Heritage Locomotive series. The series consists of 6 locomotives decorated in paint schemes from the fallen flag railroads Union Pacific has acquired over the years. Lionel also announced a Lionel/Union Pacific joint release of a 7th paint scheme sometime in 2008.
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Lionel Releases Statement About Union Pacifc Lawsuit
Lionel’s CEO, Jerry Calabrese, released a statement about Lionel’s settlement with Union Pacific concerning trademark infringement. Read it here.
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Union Pacific and Lionel Settle Trademark Infringement And Enter Into Trademark Licensing Agreement
September 13, 2006-Lionel has settled the trademark infringement lawsuit brought against it by UP. Additionally, the two have also entered into a trademark licensing agreement. However, the court where Lionel’s bankruptcy has been pending since November 15, 2004, must approve the deal since they are in bankruptcy. To that end, Lionel’s attorney’s filed two motions (an application for a court order) in the United States Bankruptcy Court for the Southern District of New York on September 13, 2006, requesting, 1) the court approve the agreement entered into by the two parties, and 2) requesting the court make some of the terms of the agreement confidential. The motions are currently scheduled to be heard on October 11, 2006. The information for this article was obtained from the two motions.
It is expected the motion requesting the court to approve the lawsuit settlement and
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