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

[Missaberoad]

I believe I was attempting to make a joke 

[nkalanaga]

Ryan:  I think Victor was too, and I was mostly joking. 

Yes, I did get the Borg reference, and joke or no, you're probably right.  I don't think the UP ever copied another road's locomotive designs.  They may have bought "catalog" steam engines in the 1800s, but lots of roads did that, just like today's diesels.

[reinhardtjh]

A new article in the Trains Newswire has some more information about the copyright intent.

Subsribers only: http://trn.trains.com/news/news-wire/2015/04/nw-no-611-trademark-will-protect-assets-help-maintain-locomotive

Some highlights:

Among the items included in the application, which they expect to be approved sometime next year, are the VMT and Fire Up 611! logos, the unique streamlined likeness of the J, and phrases like “Class J 611” and “Norfolk & Western Class J 611 Steam Passenger Locomotive.”

Now, if someone wants to make a video, calendar, book, or even sell a print of No. 611, he or she would have to pay a licensing fee to the museum. McGuire says the fee would be nominal and be based on the product's projected sales.

The trademark would not apply to someone taking a photo of the locomotive and selling it to a magazine, like Trains, Railpace, or Railfan & Railroad, because those images are journalistic in nature. The trademark would also not prevent someone from putting their photos of No. 611 on photo-sharing websites.

“This will do little to impact the average railfan taking photos of No. 611,” McGuire says.

The big reason to trademark the locomotive, McGuire says, is so the museum can benefit from it if a larger company wants to use the engine's likeness, such a model manufacture or toy company.

So looks like Bachmann will be required to pay a license fee for it's J model.  I don't know when the last run of them was but they are available still a few places around the internet.  Question is, will they need to pay if they were to choose to only number their models 600-609 and 612-613?

[reinhardtjh]

Another Trains Newswire article says the 611 will have a test run May 20th or 21st with a 110 mile trip from Spencer, NC to Greensboro over the NS main line.

In semi-related news, the TVRM's Southern Railway 4501 will do it's test run May 1st.  A short trip of about 25 miles is expected.  Route is not mentioned.  Scheduled railfan trips start June 27th.


Edit:Fixed the acronym of the museum

[C855B]

Again, that's not now it works. For one, trademarking is the wrong tool for image protection. If that's what they think they're doing - and I think it's posturing at this point - then MTH has likely already cued their own IP attorneys to take them down, as they did with UP. I've asked my sister to help me track the application and file an amicus with USPTO if need be.

I don't have anything against their finding creative ways to underwrite the ongoing operation. However, you don't do it by claiming "dibs" on something that's been in the public domain for 65 years and enforcing it with lawyers. That's grade school playground bully tactics. Besides, intellectual property litigators are by far the most expensive type of attorney there is - in the end the only ones who will be making any money from this are the lawyers.

This reminds me of the New Mexico Road Runner situation, where some patent troll convinced the agency that their paint scheme was special and they could harvest tens of thousands from hobbyists by selling the image rights to MRR companies. They discovered otherwise.

[CrazyLynx]

In semi-related news, the TVR's Southern Railway 4501 will do it's test run May 1st.  A short trip of about 25 miles is expected.  Route is not mentioned.  Scheduled railfan trips start June 27th.

The test runs are from TVRM's Grand Junction Station (Interchange with NS @ Jersey Pike) to Cleveland TN, where the train can be turned around on NS' wye, and back.

[nkalanaga]

John:  That could really get interesting.  I'd like to see them try to force Bachmann to pay royalties for a second run of a model that was first made BEFORE the trademark was applied for.  Wouldn't that easily fall under the "prior art" provisions?

For that matter, would they try to require NS to pay royalties if NS decided to have Roanoke Shops build a brand-new class J?

[victor miranda]

30 long days....

are any of you foamers going to take pictures?

[reinhardtjh]

Southern 4501's test run photos posted on Facebook

Fueling on the 30th:
http://www.facebook.com/nslocomotives/photos/a.111336769314.98388.111336324314/10152950443194315

Running to Cleveland, TN on 5/1:

http://www.facebook.com/nslocomotives/photos/a.111336769314.98388.111336324314/10152951656314315
http://www.facebook.com/nslocomotives/photos/a.111336769314.98388.111336324314/10152951655214315

No Facebook account needed to view.  NS Locomotives and its Predecessors page.

[aikorob]

Another Trains Newswire article says the 611 will have a test run May 20th or 21st with a 110 mile trip from Spencer, NC to Greensboro over the NS main line.

In semi-related news, the TVRM's Southern Railway 4501 will do it's test run May 1st.  A short trip of about 25 miles is expected.  Route is not mentioned.  Scheduled railfan trips start June 27th.


Edit:Fixed the acronym of the museum

Just got tickets for TVRM  Atlanta-Toccoa trip in October. fingers crossed that nothing goes wrong with 4501 between now and then