Does anyone own the rights to the Erie name or logo? I want to officially name my live steam railroad that and make the website ErieRailroad.com, but don't want to get in trouble.
MP the Mechanical E
ErieLimited2914 wrote:Does anyone own the rights to the Erie name or logo? I want to officially name my live steam railroad that and make the website ErieRailroad.com, but don't want to get in trouble.No offense, but no one cares what you name your model railroad... what you do in the privacy of your own basement (or your backyard) is your own business!
Otto Vondrak wrote:Yeah I know that. But the thing is, its Live Steam, and I wanted to create a website, and the line is on "commercial" property, so if I could find out who it is, I just thought it would be nice to ask permission just so there are no problems.ErieLimited2914 wrote:Does anyone own the rights to the Erie name or logo? I want to officially name my live steam railroad that and make the website ErieRailroad.com, but don't want to get in trouble.No offense, but no one cares what you name your model railroad... what you do in the privacy of your own basement (or your backyard) is your own business!
Now, if you start a full-size railroad transportation business and try to register the name Erie Railroad for your company, you might run into some opposition (from who, I don't know)...
The O&W logo is a Federal registered trademark owned by the Ontario & Western Historical Railway Society, Inc., and it's use without prior permission of the Ontario & Western Railway Historical Society, Inc. is prohibited. By Federal law, the Ontario & Western Railway Historical Society, Inc. must guard and protect the use of its registered trademark in order to maintain its proprietary rights in the trademark.The O&WHS doesn't charge a licensing fee, but does require a license. As Otto noted though, there should be no worries with a model railroad, regardless of its scale.
Andyt293 wrote:Couple of things to keep in mind. The EL was a subsidiary of DERECO. After the EL bankruptcy, the N&W donated all of their shares of EL stock to the University of Virginia as both a tax write-off and a means of completely severing all ties with the EL. Once the EL estate was completely liquidated, Erie Lackawanna Incorporated was dissolved as well. I think a strong case could be made that no one owns the Erie trademark anymore.Agreed on all points. I don't think that even the ELHS could lay claim to the Erie trademark at this point. As others have pointed out, the lack of licensing would also kill any claim on the Erie trademarkl. The NY&GL and NYLE both have Erie-inspired liveries on diesel locomotives they own... and (as far as I know) they didn't have to get a license for the diamond.
Reporting marks are a different matter. They are simply a private means by which an organization of competing businesses tracks pieces of equipment. The official guide, I am sure, still lists thousands of cars out there with a CR reporting mark that are assigned to both CSX and NS.
RussNelson wrote:Hmmmm.... If the NYO&W still existed the O&WRHS logo would certainly be infringing, particularly since they claim class 39 (Transport) in which the NYO&W would have clearly had their trademark. If you used the NYO&W circle mark without the horizontal bars, you could probably claim that the trademark has gone into the public domain. For their part, the O&WRHS would claim that theirs is a new, distinct mark from the lapsed NYO&W, that they're not profiting from licensing the trademark, and that if you'd only ASKED, they'd have given you a license for free. Given that their first use in commerce date is 1986, they're not claiming to be the owners of the NYO&W circle mark.The O&WRHS actually owns the O&W logo/trademark Russ.
The O&WRHS have a pretty strong claim to their trademark. I don't know of anybody who claims the old Erie logo as a trademark, or any new derivative mark.
Hope that helps.