CSX Joins UP ( Heralds )

I found this very interesting. They have 2 forms for you to fill out

Here is a small part of it.

LONG FORM TRADEMARK LICENSE AGREEMENT
CSX CORPORATION
USE: FOR-Profit manufacturers, sellers and distributors of model train equipment and ancillary materials; apparel; memorabilia; house-hold and decorative items.
FOR PROFIT – TRADEMARK LICENSE AGREEMENT

Licensed Mark(s) - “the Mark(s)”:
___Atlantic Coast Line ___Clinchfield Railroad
___Baltimore & Ohio ___Chessie Systems
___Chesapeake and Ohio ___CSX Transportation
___Louisville & Nashville ___New York Central
___Seaboard Air Line ___Seaboard Coast Line
___CSX Corporation ___Western Maryland
___Other:________________________
Licensed Use:
__Model trains __Model train lay-outs or decals __Apparel __Art or decorative
__Memorabilia
__Movie __Other (specify)
Licensee Name:_____________________________________(“Licensee”)
Address:______________________________________________
______________________________________________________
Contact Name:_________________________________________
Telephone:___________________________________
Fax:_________________________________________
E-Mail:_______________________________________
URL:_________________________________________
Date: ____________________________
1
FOR PROFIT – TRADEMARK LICENSE AGREEMENT 2
Once executed by Licensee and the appropriate CSX entity with rights in the mark(s) (“CSX” or “Licensor”), this document constitutes a limited, non-exclusive, License to reproduce the Mark(s) for the use indicated above, in consideration of Licensee’s acceptance of the following conditions:
1. GRANT OF LICENSE
1.1 Scope. Licensor hereby grants to Licensee a non-exclusive, non-assignable License to use the Mark(s) specified above in connection with manufacture, promotion and sales of the Merchandise in compliance with the terms and conditions of this Agreement.
1.2 Contract Manufacture. If Licensee wishes to enter into a sub-contract for the production of the Merchandise, or a marketing firm for promotional materials or other items bearing the Marks, Licensee shall ensure that any such contractor comply Article 6 of this Agreement.
2. FEE: This License will not be executed by CSX until the License fee is received, in the amount corresponding to licensed units and number of marks:

Units 0-100 101-200 201-300 301-400 401-500 500+*
1 mark $100 $175 $250 $325 $400 TBD
2-5 marks $150 $200 $325 $400 $450 TBD
6+ marks $175 $250 $400 $450 $500 TBD


roger@thehotel.org

CSX License Additional Information

I put the long form & the short form on a web site. Click on the link below to see the information on both forms.



CSX License

roger@thehotel.org

> CSX License Additional Information

> I put the long form & the short form on
> a web site. Click on the link below to see
> the information on both forms.

Hmmm.....The Pere Marquette and Hocking Valley are conspicously absent from this list. Guess they have been gone too long. Hey, that's fine by me!

TJG


Port Huron Museum
tjgaffney@phmuseum.org

> Licensed Use:
> __Other (specify)

Does this line worry anyone? Are the full-sized choo choos included?

tr2manz@frontiernet.net

> Does this line worry anyone? Are the
> full-sized choo choos included?

It won't be long before we have to pay a fee to use the words "Baltimore" and "Ohio" in the same sentence.

> It won't be long before we have to pay a fee
> to use the words "Baltimore" and
> "Ohio" in the same sentence.

The whole thing is nuts. It used to be trademarks applied to uses that were competitive. Is CSX going to go head to head with MTH?

superheater@rrmail.com

> It won't be long before we have to pay a fee
> to use the words "Baltimore" and
> "Ohio" in the same sentence.

How about Baltimore Nohio? Copyright cops?


tr2manz@frontiernet.net

I hate to be the curmugeon, but what does this have to do with railroad preservation ?

I don't see any reference to non-profit on the form.

Harley-Davidson and the automakers have been licensing their trademarks for years.

Private property rights-part of the foundation of a capitalist society.

BTW, if CSX owns the NYC trademark-does NS own the PRR trademark ?

> CSX Joins UP ( Heralds )

> I found this very interesting. They have 2
> forms for you to fill out

> Here is a small part of it.

> LONG FORM TRADEMARK LICENSE AGREEMENT
> CSX CORPORATION
> USE: FOR-Profit manufacturers, sellers and
> distributors of model train equipment and
> ancillary materials; apparel; memorabilia;
> house-hold and decorative items.
> FOR PROFIT – TRADEMARK LICENSE AGREEMENT

> Licensed Mark(s) - “the Mark(s)”:
> ___Atlantic Coast Line ___Clinchfield
> Railroad
> ___Baltimore & Ohio ___Chessie Systems
> ___Chesapeake and Ohio ___CSX Transportation
> ___Louisville & Nashville ___New York
> Central
> ___Seaboard Air Line ___Seaboard Coast Line
> ___CSX Corporation ___Western Maryland
> ___Other:________________________
> Licensed Use:
> __Model trains __Model train lay-outs or
> decals __Apparel __Art or decorative
> __Memorabilia
> __Movie __Other (specify)
> Licensee
> Name:_____________________________________(“Licensee”)
>
> Address:______________________________________________
>
> ______________________________________________________
> Contact
> Name:_________________________________________
>
> Telephone:___________________________________
>
> Fax:_________________________________________
>
> E-Mail:_______________________________________
>
> URL:_________________________________________
> Date: ____________________________
> 1
> FOR PROFIT – TRADEMARK LICENSE AGREEMENT 2
> Once executed by Licensee and the
> appropriate CSX entity with rights in the
> mark(s) (“CSX” or “Licensor”), this document
> constitutes a limited, non-exclusive,
> License to reproduce the Mark(s) for the use
> indicated above, in consideration of
> LicenseeÂ’s acceptance of the following
> conditions:
> 1. GRANT OF LICENSE
> 1.1 Scope. Licensor hereby grants to
> Licensee a non-exclusive, non-assignable
> License to use the Mark(s) specified above
> in connection with manufacture, promotion
> and sales of the Merchandise in compliance
> with the terms and conditions of this
> Agreement.
> 1.2 Contract Manufacture. If Licensee wishes
> to enter into a sub-contract for the
> production of the Merchandise, or a
> marketing firm for promotional materials or
> other items bearing the Marks, Licensee
> shall ensure that any such contractor comply
> Article 6 of this Agreement.
> 2. FEE: This License will not be executed by
> CSX until the License fee is received, in
> the amount corresponding to licensed units
> and number of marks:

> Units 0-100 101-200 201-300 301-400 401-500
> 500+*
> 1 mark $100 $175 $250 $325 $400 TBD
> 2-5 marks $150 $200 $325 $400 $450 TBD
> 6+ marks $175 $250 $400 $450 $500 TBD


newhaven0401-NOSPAM-@verizon.net

> It won't be long before we have to pay a fee
> to use the words "Baltimore" and
> "Ohio" in the same sentence.

............. ever notice that the museum in Baltimore is officially "The B&O Railroad Museum" and not "The Baltimore & Ohio Railroad Museum"????


LNER4472-NOSPAM-@bcpl.net

This is probably not a big deal. I doubt if all those companies making Ford and Chevy decals, t- shirts, etc. are paying much if anything to Ford or General Motors. But it's perfectly normal for a company to want to protect its trademarks and even to make a buck or two off of them.
On the other hand, the last I heard, ownership of the trademarks of the Pennsylvania Railroad and its various merger partners was still claimed by American Premier Underwriters, which used to be known as Penn Central. For the most part, Conrail never owned these types of assets.
mw

> I hate to be the curmugeon, but what does
> this have to do with railroad preservation ?

> I don't see any reference to non-profit on
> the form.

> Harley-Davidson and the automakers have been
> licensing their trademarks for years.

> Private property rights-part of the
> foundation of a capitalist society.

> BTW, if CSX owns the NYC trademark-does NS
> own the PRR trademark ?


p_michael_warren@yahoo.com

> I hate to be the curmugeon, but what does
> this have to do with railroad preservation ?

Its relevant because how long do you think it will be before the lawyers from the Dead Horse Gulch RR show up at your door saying your infringing on a copyright because you run a photo freight with that ol' 40 footer that you repainted..

> Private property rights-part of the
> foundation of a capitalist society.

REASONABLE restrictions on intellectual property infringement is useful because TEMPORARY and LIMITED exclusivity of use is an incentive to inventors and entrepreneurs to pursue innovation. The legal profession has constantly pursued the expansion of the scope and duration of such rights because they get paid to send threatening letters to some unsuspecting individual who poses no threat to the owner's economic interest and neither has an idea, nor has a reason to to have an idea that they are infringing on any right.

At a certain point, the exact opposite occurs-people are so afraid of legal action, they do nothing.



superheater@rrmail.com

Speculate with me a minute. . .

What is the current corporation "protecting"?

Suppose I approach BNSF(I live on the west coast, you can speculate using your local example) and offer to PURCHASE the rights to the NP herald, name, "North Coast Limited", etc. If I own those rights and they don't, how has the "value" of BNSF as a corporation been diminished?

Just trying to think this thing through.

> Does this line worry anyone? Are the
> full-sized choo choos included?

About 14 years ago the Indiana & Ohio operating on the former C&O (HV) line south of Columbus through Lancaster and Logan painted a GP-9 in the C&O livery since they operated on former C&O trackage. CSX came back and had them repaint the locomotive and remove the C&O markings because of trademark infringements. I guess they thought someone might confude CSX with C&O?

On the other hand, the Hocking Valley Scenic was able to repaint thier former C&O GP-7 no. 5833 in its original C&O livery as it fell under the organization's charter restoration of historic railway equipment.

G

greg@nospam.skittercreek.com

As I recall, Chessie System or early CSX started this years ago when they realised their Chessie Cat logo was unprotected from anybody using it.

The original Auto Train had a little "TM" after those words and I'm sure Amtrak is protecting the name. If you look at Walthers' ads for their HO Amtrak stuff you'll see wording about the logos being licensed.

And finally a few years ago some lawyer tried to register the PRR's logos as his own, and then charge a fortune to use them, until he discovered the successor to Penn Central still owned them. Perhaps it's good the actual RR's are protecting their logos as long as they stay reasonable.

Electric City Trolley Museum Association