Comments on: NY menaces model train maker

By: D

Tue, 13 Aug 2013 15:05:17 +0000

Bob, re: Jack Daniel’s trademark letter –
Wow, that’s classy. Thanks for sharing that.

By: Bill Poser

Bill Poser — Tue, 13 Aug 2013 05:52:16 +0000

Ed,

Failure to defend is relevant to trademarks but NOT to copyrights and patents.

By: gitarcarver

gitarcarver — Tue, 13 Aug 2013 00:59:40 +0000

The was at one point in time a bumper sticker that was fairly popular in states south of New York that read:

“If You [heart] NY, Take I-95 North”

Wonder if the makers got sued for that? (sarcasm off)

By: Bob Lipton

Bob Lipton — Tue, 13 Aug 2013 00:30:16 +0000

Whenever I read one of these officious takedown letters, I am reminded of the classy way Jack Daniels handled the situation.

http://brokenpianoforpresident.files.wordpress.com/2012/07/jd-letter-entire-big1.jpg
Bob

By: kimsch

kimsch — Mon, 12 Aug 2013 17:08:28 +0000

Streisand Effect.

By: Robert

Robert — Mon, 12 Aug 2013 16:11:35 +0000

Well, they did use the trademarked logo. But why was the letter so nasty? In cases where it’s not likely to be malicious, can’t they have a friendly letter that reminds them of the trademark, and perhaps an easy-to-fill-out form where you can pay to use it?

By: Hugo S. Cunningham

Hugo S. Cunningham — Mon, 12 Aug 2013 15:21:21 +0000

My railfan brother alerted me that MTH has agreed to pay royalties to Union Pacific:
http://en.wikipedia.org/wiki/MTH_Electric_Trains
(Nov. 8, 2006)

MTH’s letter tacitly contacitly concedes they might, under equity, owe a “couple hundred bucks in licensing fees” on $2.9K of revenue. If the law firm tries to recover (exorbitant) costs as well, however, MTH’s public campaign should gain traction.

And, as “Above the Law”s blogger notes, is this really an intelligent way to enhance the New York brand?

By: Ed

Ed — Mon, 12 Aug 2013 14:40:42 +0000

As with all trademarks, patents, and copyrights, if you don’t enforce them they become public domain and can be used by anyone for any reason. With most cases like this, the heavy handed way the lawyers try to enforce them is way over-the-top. Considering the management firm’s attorneys probably get paid a percent of what they recover it’s not surprising they resort to intimidation rather than finding an amicable settlement.

By: Walter Olson

Walter Olson — Mon, 12 Aug 2013 12:54:19 +0000

My lapse, fixed now.

By: Bob Lipton

Bob Lipton — Mon, 12 Aug 2013 11:02:24 +0000

New York State, not the City.

Bob