Since the advent of the diesel locomotive, US Railroads have painted their engines in a uniform color scheme, usually consisting of colors for the body of the locomotive (livery) and a stylized picture or mark denoting the name and features of the carrier (herald).
Since the advent of the diesel locomotive, US Railroads have painted their engines in a uniform color scheme, usually consisting of colors for the body of the locomotive (livery) and a stylized picture or mark denoting the name and features of the carrier (herald). From your knowledge so far of trade marks and trade dress, describe the intellectual property involved and the potential claims in the following:
1. Union Pacific threatened suit against model railroad manufacturers for reproduction of their herald and livery. The controversy was settled by an agreement on a licensing fee. The competing BNSF Railway has, as of May 2009, entered negotiations for a similar licensing fee.
2. In 2007, Union Pacific took a series of brand new locomotives and painted them in the colors of predecessor roads which had merged with the UP (Chicago & North Western, Southern Pacific, Rio Grande, Miissouri Pacific, etc.) and deployed them throughout their merged system.
3. The Connecticut Department of Transportation took over ownership of trackage formerly operated by the New York, New Haven & Hartford RR (the New Haven). The New Haven went bankrupt in the 1960s and ceased to exist as a corporation; the properties were acquired by Penn Central and Consolidated Railroad Corp. (ConRail) which no longer exist as common carriers. The State has since painted all of its rolling stock with the herald and livery of the defunct New Haven.
4. Contrary to public opinion, there is no such railroad as Amtrak. The word “Amtrak” and related logo are the property of the National Railroad Passenger Corporation. What type of intellectual property is the “Amtrak” signage.
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