The link below, from the Publishing Law Center, is a concise explanation of how the Fair Use Docterine applies to the use of Trademarks. While it is directed primarily at authors, the outline principles provides a clear defense for using former and current trademarks on preserved equipment.

The only case that I have heard over the use of trademarks by museums has been from the Guilford Rail System against the Railroad Museum of New England over restoring their ex-B&M GP-9Â’s and against the Danbury Railroad Museum over restoring their B&M 2-6-0. Is this correct? Did the museums take any actions to protest?


Fair Use of Trademarks
altoonaroundhouse@umich.edu

> The only case that I have heard over the use
> of trademarks by museums has been from the
> Guilford Rail System against the Railroad
> Museum of New England over restoring their
> ex-B&M GP-9Â’s and against the Danbury
> Railroad Museum over restoring their B&M
> 2-6-0. Is this correct? Did the museums take
> any actions to protest?

As the person responsible for the concept of RMNE's GP9 1732's "NR" herald (Allen B. Pomeroy III) did the actual detail and adaptation), allow me to comment. The thought behind this was to pre-empt any concerns that Guilford Rail Industries might have with a locomotive operating over grade crossings, etc. lettered for, but not owned or operated by, B&M (which does still exist). There was no directive or communication from GTI about lettering it B&M. Also, this was simply a "dip" job repaint, not a full restoration as a 1957 B&M Bluebird GP9. When that does occur at some future date, we will look at the possibility of a proper restoration.

I have no idea why DRM's 1455 does not carry the B&M herald on the tender.


hpincus@mindspring.com