The Winter 2004 Pennsylvania CPA JOURNAL published by the Pennsylvania Institute of Certified Public Accountants has an excellent article by Barry Friedman an attorney with an IP practice. The article discusses the three basic forms of IP (Patents, Trade/Service Marks and Copyrights), their applications, initiation and maintenance. When/If it is posted as a past issue article on the PICPA website-I'll put up the link here.

Interestingly, the article states trademarks exist in common law and require continous use to be maintained.

It would SEEM (i'm not a lawyer) that UP or anybody else dusting off a fallen flag after years of disuse is asserting a right they don't have-BUT of course they have a lot of inhouse counsel and paper.



superheater@rrmail.com

> It would SEEM (i'm not a lawyer) that UP or
> anybody else dusting off a fallen flag after
> years of disuse is asserting a right they
> don't have-BUT of course they have a lot of
> inhouse counsel and paper.

I beleive UP at least keeps several freight cars circulating with MP, CNW and other fallen flag reporting marks to keep the marks in service. WHentehr that amounts to enough use I'll leave to an IP lawyer.


eledbetter@rypn.org

> I beleive UP at least keeps several freight
> cars circulating with MP, CNW and other
> fallen flag reporting marks to keep the
> marks in service. WHentehr that amounts to
> enough use I'll leave to an IP lawyer.

The Southern Railway Historical Association (SRHA) negotiated with Norfolk Southern to obtain rights to various obsolete Southern Railway logos and trademarks. I don't recall the specifics, but as I remember, SRHA could not obtain the "green light" logo because there were still a number of boxcars traveling around with that emblem.

Alan Maples

AMaples@aol.com