N&W J Class 611 Coming out on May 30th

[reinhardtjh]

http://www.nscorp.com/content/nscorp/en/news/class-j-611-homecomingtokickoffnorfolksouthern21stcenturysteamex.html

Roanoke, Va. - Apr 16, 2015
 

The 611 is going home again, coming back from its second restoration to headline Norfolk Southern’s 21st Century Steam excursions in 2015.

Sixty-five years after the Class J 611 was built at Norfolk & Western Railway’s shops in Roanoke and placed into service for the first time May 29, 1950, the locomotive is scheduled to return under steam May 30, fulfilling the dreams of its Virginia Museum of Transportation owners and rail enthusiasts worldwide.

Chairman and CEO Wick Moorman, who launched plans for 21st Century Steam in 2010, and President Jim Squires will be aboard a J-powered train from Spencer, N.C., where the 611 has been undergoing restoration at the North Carolina Transportation Museum since June 2014.

Neither progress of rail industry dieselization nor ravages of time spent lying dormant on display for decades could defeat the 611, which survived the scrap heap of other steam locomotives and two retirements to take its place among a trio of iconic engines that will power 21st Century Steam this year. The others are Southern Railway 4501 and Nickel Plate Road 765.

VMT is a new sponsor with Norfolk Southern, joining the Tennessee Valley Railroad Museum and the Fort Wayne Railroad Historical Society to operate excursion trips between June 6 and Oct. 11. Tickets and schedule details will be available on the websites of trip sponsors.

Information about public steam powered trips is given at the end of the above link.

In addition, rumors are that the 611 will be without diesel protection power on it's trip from Spencer, NC to Roanoke, VA on the 30th.  The trip is for company VIPS only and will travel VIA Lynchburg to Roanoke to put the 611 on it's "home" route over the Blue Ridge and ending at the O.Link Museum in Roanoke sometime between 2PM and 4PM.

For subscribers, Trains Magazine has an article also - http://trn.trains.com/news/news-wire/2015/04/norfolk--western-no-611-inaugural-excursion-set-for-may-30

[Specter3]

That is just so awesome in so many ways!

[Chris333]

I just read where they trade marked the j class locomotive. If you take a photo of it and sell it, that is now illegal.

[reinhardtjh]

I just read where they trade marked the j class locomotive. If you take a photo of it and sell it, that is now illegal.

http://wfirnews.com/local-news/va-museum-of-transportation-files-for-trademark-rights-to-nw-611

http://www.rypn.org/forums/viewtopic.php?f=1&t=37911&sid=4243c1aebbb540f1c4b56e7fb48be793

Interesting that they're not going for N&W 611 but more generically the "Norfolk & Western Class J". I suppose it's because of the likeness of 611 but I'd think now all models of the J, even if not 611, would need to be licensed from the museum.

If this is the case, then I don't think it's a good thing.  Trademarking "N&W 611" I can understand as it's a specific locomotive which they have a big investment in. But trademarking the whole J class?  That seems to be a bit of an overreach.

Good reading http://www.danheller.com/model-release-copyrights.html#3

VMT's Trademark info page  http://fireup611.org/trademark/

[Ed Kapuscinski]

Overall, I think what they're doing is absolutely fine. They're protecting something they've put a lot of money and effort into.

The only complaint I have is with this:

Images and Likenesses of the Norfolk & Western Class J 611
This includes the likeness of the Norfolk & Western Class J streamlined locomotive, including its shape,
color scheme and unique features.

If they had just changed it to the following, it'd be no big deal.

Images and Likenesses of the Norfolk & Western Class J 611
This includes the likeness of the Norfolk & Western Class J streamlined locomotive #611, including its shape,
color scheme and unique features.

It's one thing to trademark something you own, it's another to trademark the design of something which you were donated and didn't do the original work on.

It's akin to the Railroad Museum of PA trademarking the design of EVERY PRR steam locomotive.

[C855B]

They have a "prior art" problem. How can you claim IP rights on an image and design that has existed in the public domain for 65 years? That's like finding the manuscript for Beethoven's 5th Symphony and demanding royalties for every performance and recording since 1808. Or the old saw about Microsoft patenting zeros and ones. I need to forward this one to my patent litigator sister. She has a big problem with specious IP assertions like this because they clog the process.

Bite me, Virginia Museum of Transportation and your patent trolls. This image is mine:

[C855B]

I e-mailed sis asking if this might be worthy of an amicus filing. Stand by.

Also, remember: just because they filed it doesn't mean they're going to get it. That "prior art" thing again.

[victor miranda]

I just read where they trade marked the j class locomotive. If you take a photo of it and sell it, that is now illegal.

If you are standing on public property and take a picture.
it is yours to copyright.

been law for many years.

[C855B]

I e-mailed sis asking if this might be worthy of an amicus filing. Stand by.

She says too soon to tell. On checking, the trademark filing is not in the system yet, so she can't determine what they are trying to protect. If they're just trying to trademark it to sell souvenirs, it's not going to happen. There are limits on the reach.

[victor miranda]

they may be able to protect the locomotive design against other railroad companies copying it.
they would be able to keep UP from building one.

ah what fun guessing can be.

victor

[nkalanaga]

That's a fight I'd like to see:  UP being sued for building an N&W steam loco.  If UP won, would that mean that NS could then build a copy of UP 844?  It should work both ways...

And we'd get two brand-new steamers to chase.

[C855B]

My sister pointed out that trademarking alone is not image protection. It's silliness like using "611®" or "J®", or specific, new graphic designs incorporating logotypes to that effect. You can't just take a picture of the physical thing, slap an "®" on it and call it a protected property. It doesn't work that way.

So we really have to stand back and see what the actual filing is since (she said) the reporter in the referenced article sort of didn't know what he was talking about. IF the filing is seeking protection for the design, images of the design and model reproductions - and we don't know that to be the case yet - at that point the serious lawyering starts.

[Mark5]

I might have to roll down to SW Virginia for this ...

[Missaberoad]

That's a fight I'd like to see:  UP being sued for building an N&W steam loco.

UP doesn't build other railroad's locomotives... They assimilate them 

If they are attempting to trademark the entire J class it will be interesting to see what MTH has to say
http://www.mthtrains.com/news/396

[nkalanaga]

Ryan:  MOST railroads didn't, and don't, build copies of other railroads' locomotives, but as Victor said, that's one possible reason for the filing.  I don't think any railroad, or locomotive builder, has ever tried to trademark an entire class of locomotives, just to keep modelers and photographers at bay.  The paint and lettering, maybe, but not the shape of the locomotive.