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Offline ddimas  
#1 Posted : 16 February 2008 02:38:43(UTC)
ddimas


Joined: 14/02/2008(UTC)
Posts: 21
Location: ,
I hope my question in the title is clear enough and sorry if this question had been asked before.

Just wondering if Marklin has to pay some royalties for patent of locomotives, coaches, wagons, etc to all original manufacturer or railway companies that they're making. Probably at the least they are asking for permission for using the design/brand right?

I am asking this because I'm wondering if there are manufacturers out there who are not willing to let their train design in MRR or maybe railway companies who dislike the idea of using their business brand. If so, is this why weren't/aren't there many classic GM-EMD, French TGV Duplex, British trains, etc.

Thank you all, enjoy your weekend and don't forget to buy more MRR stuff..... biggrin
Offline nevw  
#2 Posted : 16 February 2008 02:51:49(UTC)
nevw

Australia   
Joined: 27/08/2005(UTC)
Posts: 11,071
Location: Murrumba Downs QLD
Not sure about Manufacture BUt I know that a Local train club in Brisbane has to get permission from Union Pacific to use their Name & Logo on a regular basis.
NOt wearing the Pink Pinny, which is hard to see and now I have a white Pinny which also is hard to see against MY pure white Skin Still have 2 new shiny tin Hips that is badly in Need of Repair matching rusting tin shoulders
and a hose pipe on the aorta
Junior member of the Banana Club, a reformist and an old Goat with a Bad memory, loafing around
Offline ddimas  
#3 Posted : 16 February 2008 03:07:29(UTC)
ddimas


Joined: 14/02/2008(UTC)
Posts: 21
Location: ,
Quote:
[size=1" face="Verdana" id="quote]quote:Originally posted by nevw
<br />Not sure about Manufacture BUt I know that a Local train club in Brisbane has to get permission from Union Pacific to use their Name & Logo on a regular basis.


Nevw, can I ask what are those guys in Brisbane have been doing with the name of UP that they need to get a permission? For MRR?

Thanks.
Offline soren36  
#4 Posted : 16 February 2008 03:20:04(UTC)
soren36

United States   
Joined: 25/03/2006(UTC)
Posts: 858
Location: Connecticut, USA
Interesting, Nev. Here is a press release from NOV 2006 regarding UP and its licensing agreement RE: model railroad manufacturers:

"Union Pacific, M.T.H. Electric Trains Settle Trademark Dispute
Omaha, Neb., November 8, 2006 – M.T.H. Electric Trains and Union Pacific Railroad are pleased to announce that they have amicably settled the trademark infringement case that UP filed against M.T.H in Omaha, Nebraska federal court. The settlement benefits both parties, as well the entire model railroad industry. It allows Union Pacific to continue to protect its intellectual property, and authorizes M.T.H.’s use of Union Pacific’s trademarks and paint designs on model train products and accessories. Union Pacific has also decided to change its trademark-licensing program so that model railroad manufacturers will no longer have to pay a royalty, and will enjoy a perpetual license to use Union Pacific trademarks and paint designs on model railroad products.

In reacting to the end of the yearlong legal battle, M.T.H. recognized the commitment of UP to make a change. "UP deserves a lot of the credit here," Wolf stressed. "UP's willingness to reconsider its position with regard to model train manufacturers' use of its trademarks allowed a deal to be struck. UP has long been a friend and a steward of the hobby and this new license reflects that."

Wolf added that the case was a big drain on M.T.H.’s resources but worth the effort. "For seventy years, Union Pacific and the other railroads have worked with our industry to develop and nurture the model-railroading hobby. The UP license that had been in effect did not properly reflect that mutually beneficial and rewarding relationship."

Bob Turner, Senior Vice President Corporate Relations for Union Pacific, said, "Mike Wolf is to be commended for his commitment to the model railroad industry. His energy and passion helped us find a solution that will better reflect the positive relationship that Union Pacific and the model train industry have enjoyed for many years."

To help commemorate the new arrangement between UP and the model train industry, M.T.H. will release a yet-to-be determined Union Pacific-sanctioned commemorative model locomotive."


Of course this is only one flag - don't know about the others, especially in Europe.

Older Goat! [}:)]
A Connecticut Yankee
Offline jonquinn  
#5 Posted : 16 February 2008 03:40:23(UTC)
jonquinn


Joined: 15/02/2004(UTC)
Posts: 1,591
Location: Pennsylvania
UP's corporate lawyers apparently had nothing better to do with their time as well as having legal directors who clearly had the heads up their collective asses, not being able to do anything to actually benefit the company they worked for, so a few years ago, as the story above corroborates, they decided to AGGRESSIVELY pursue and maybe even maliciously attack the model RR industry for copyright infringement (for making MODEL trains with the UP likeness, decals, etc). These lowlifes corporate attorneys even tried to claim company rights were being infringed on stuff like WW2 planes like the F6F Hellcat, bought and paid for by taxpayers 60 years ago.
They weren't alone, sleazebag lawyers of the same ilk working for Boeing/MacDOug, Grumman also tried to pull the same stunt against plastic model makers. I think there were also some working for either GDLS or the people building the Stryker who tried the same BS.

I have doubts if the corporate leadership really knew how out of control and incompetent their legal departments were and what atrocious public relations and image it created (or entities like the UP).
Just my opinion, there are too many people going to law school, which in turns lowers the overall quality of the output (the schools don't want to flunk too many people out, that would mean less eventual cash donations!), going into a profession which too often does very little to advance human civilization.


I'm not saying there should not be some sort of licensing or approval of product (the company has every right to protect its name and image, and not let it get out into hands that would seek to do damage), but these attorneys wanted to collect absolutley ridiculous fees from the model makers. it was not a flat fee, but a pretty big % for every model produced/sold.
I think in the end it became a small flat fee that most model makers could afford, because this ended up as extremely bad publicity for UP.
Offline Macfire  
#6 Posted : 16 February 2008 04:03:20(UTC)
Macfire


Joined: 04/11/2006(UTC)
Posts: 2,652
Location: New Zealand
Well said ole' son.
Couldn't agree more.
Corporate lawyers at the end of the day were the only "winners" who ended up with fatter pay checks to pad their fatter asses(ts)...
Lord Macca
New Zealand branch of Clan Donald.
Offline RobertMcDowell  
#7 Posted : 16 February 2008 04:58:57(UTC)
RobertMcDowell


Joined: 04/10/2006(UTC)
Posts: 157
Location: Salinas, CA
If a product or name brand is that good, wouldn't a company/corporation want people to emulate it free of cost? Makes no sense to me to punish the little guy for modeling memories of his childhood or preserving history from the observers' collective perspective.
Rob
CA, USA
Offline rschaffr  
#8 Posted : 16 February 2008 05:20:57(UTC)
rschaffr

United States   
Joined: 03/01/2003(UTC)
Posts: 5,181
Location: Southern New Jersey, USA
However, that is why, AFAIK&lt; the Superman loks and the Looney Tunes series of 1FC offerings cannot be bought here. I ordered mine from Europe.
-Ron
Digital, Epoch IV-V(K-track/CS3/6021Connect/60216051), Epoch III(C-track/6021/6036/6051)
http://www.sem-co.com/~rschaffr/trains/trains.html
Offline nevw  
#9 Posted : 16 February 2008 05:49:00(UTC)
nevw

Australia   
Joined: 27/08/2005(UTC)
Posts: 11,071
Location: Murrumba Downs QLD
Quote:
[size=1" face="Verdana" id="quote]quote:Originally posted by ddimas
<br />
Quote:
[size=1" face="Verdana" id="quote]quote:Originally posted by nevw
<br />Not sure about Manufacture BUt I know that a Local train club in Brisbane has to get permission from Union Pacific to use their Name & Logo on a regular basis.


Nevw, can I ask what are those guys in Brisbane have been doing with the name of UP that they need to get a permission? For MRR?

Thanks.

THey are THe Union Pacific Model Railway Club. They had to have a Licence to use Name and Logo
NOt wearing the Pink Pinny, which is hard to see and now I have a white Pinny which also is hard to see against MY pure white Skin Still have 2 new shiny tin Hips that is badly in Need of Repair matching rusting tin shoulders
and a hose pipe on the aorta
Junior member of the Banana Club, a reformist and an old Goat with a Bad memory, loafing around
Offline mrmarklin  
#10 Posted : 16 February 2008 07:07:28(UTC)
mrmarklin

United States   
Joined: 27/10/2004(UTC)
Posts: 944
Location: Burney, CA
Quote:
[size=1" face="Verdana" id="quote]quote:Originally posted by rschaffr
<br />However, that is why, AFAIK&lt; the Superman loks and the Looney Tunes series of 1FC offerings cannot be bought here. I ordered mine from Europe.


Yes, this is quite common for Marklin to obtain only European rights to products. Others that come to mind are the Mickey Maus lok and the Pepsi lok. The Pepsi lok was included in the catalogue as an export item, and delayed the US issuance of the catalogue until the legalities were ironed out. The lok was not for sale in the USA.[}:)]

Luckily I was able to buy mone in Germany and smuggle it in country.CoolCool
From the People's Republik of Kalifornia
Offline Hemmerich  
#11 Posted : 16 February 2008 17:44:06(UTC)
Hemmerich


Joined: 15/04/2003(UTC)
Posts: 2,734
Location: ,
You should not mix up patent royalties with license fees.

Märklin for example paid royalties to Lenz for the automatic analog detection circuit in conjunction with their high performance decoders (this was also the reason to deliver their later DELTA decoders without this feature) and they paid a (one time) license fee for the usage of the CIWL logo with their corresponding train set #24754.

Regarding to mfx another contract related to this topic exists between Märklin and ESU.
Offline ddimas  
#12 Posted : 18 February 2008 10:15:54(UTC)
ddimas


Joined: 14/02/2008(UTC)
Posts: 21
Location: ,
What I said about patent in the beginning of the thread is does Marklin has to pay some money to Siemens for making and selling ICE for example and other trains as well. If they do maybe isn't this why we don't see more trains?
Offline H0  
#13 Posted : 18 February 2008 18:49:43(UTC)
H0


Joined: 16/02/2004(UTC)
Posts: 15,460
Location: DE-NW
Quote:
[size=1" face="Verdana" id="quote]quote:Originally posted by ddimas
<br />What I said about patent in the beginning of the thread is does Marklin has to pay some money to Siemens for making and selling ICE for example and other trains as well.

I can't answer that either.

But there are more parties involved:
Siemens built the train, but the name ICE and the DB logo are properties of Deutsche Bahn.
So it could be they have to pay Siemens for the shape and DB for name, logo and livery.

If DB would by AGV trains, these would be called ICE in Germany ...

The name Taurus is owned by ÖBB.

If there were payments, then they would probably be for items sold - so I don't think that these payments (if they are made) have an effect on the choice of locos we have.

It's just that they have to produce huge quantities - and too many variations result in lower quantities and higher prices.
Regards
Tom
---
"In all of the gauges, we particularly emphasize a high level of quality, the best possible fidelity to the prototype, and absolute precision. You will see that in all of our products." (from Märklin New Items Brochure 2015, page 1) ROFLBTCUTS
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