Intellectual Property

David Woodbury · **Posted:** Sat Jun 12, 2004 7:02 pm

While driving up to White River Junction to help grease 494 for her trip backward under the new shelter some questions occurred to me. Here are some hypothetical facts. A railroad owning its name and trademark transfered some equipment to a new owner without any restrictions placed on the future use or display. The equipment when transfered displayed the railroad name and logo and was displayed that way for some time.
The questions: Can the present owner repaint the equipment and renew the logo? Can the present owner repaint and change the logo to some other style also used by the donor railroad? Has the railroad released the name and style to the public beyond the particular donee? These are hypothetical questions and are not in contention to my knowledge.

davidwoodbury@adelphia.net

Tom Cornillie · **Posted:** Sat Jun 12, 2004 10:33 pm

The website linked below (and at http://www.publaw.com/fairusetrade.html ) gives an overview of the 'fair use' principle regarding trademarks. While it is directed primarily at publishing authors, the basic ideas also apply to restorations.

Publishing Law Center Fair Use and Trademarks
altoonaroundhouse@umich.edu

Ted Miles · **Posted:** Sun Jun 13, 2004 12:33 am

David

I am glad to hear that the shelter over the White River Jct engine is coming together at long last!

Most of the time trademark holders are interested in using their marks to make a profit. The only case of a museum that I know of having problems is the Danbury Railroad Museum was told by Guilford Industries that the museum could not put the Boston & Maine name on engine 1455, which was for so many years in static display at Edaville.

I have never heard of the C&Ts for example having any problem using the D&RGW name and logos.

Hope the wedding goes off well!

Ted Miles

ted_miles@nps.gov

Tom Cornillie · **Posted:** Mon Jun 14, 2004 4:14 pm

> The only case of a museum that I
> know of having problems is the Danbury
> Railroad Museum was told by Guilford
> Industries that the museum could not put the
> Boston & Maine name on engine 1455,
> which was for so many years in static
> display at Edaville.

Do you know for a fact that they were told not to do this? I have heard this before, but did not know if it was fact or an oft-repeated rumor. If I were DRM, I would properly restore the locomotive, and then defend my 'fair use' rights to do so.

altoonaroundhouse@umich.edu