07-14-2011, 04:55 AM
I am no lawyer and I do realise there are differences between the legal systems in the US and Australia, but I would like to contribute the following observations regarding this thread.
IF and I mean this is a BIG IF this 'letter' is genuine then the lawyer 'Crystal' and her assistant need their butts kicked for NOT proof reading the letter before sending it.
How unprofessional to have sent a letter that was obviously a 'Cut and Paste' job without proof-reading first.
Secondly, If she is really a trademark lawyer as claimed then she should be fully conversant of the problems Union Pacific encountered with their efforts as trademark bullying of the modelling manufacturers and wider modelling community. Then again 'she' didnt check her letter so expecting her to maintain 'industry knowledge' of relevant current cases is a bit much. She should have advised her client as to the possible bad publicity that may result from this letter.
Thirdly, the letter makes no mention of the chain of events relating to the purchase of EMD by CAT via their subsidiary Progress Rail from the Private Equity firm, who had purchased EMD from General Motors [GM].
Forthly, as someone else in this thread detailed, these manuals are not posted in their entirety on the website and they had been freely distributed to members of the railroading community at the time of publishing. They are therefore historical documents which have been in the 'public realm' for a considerable period of time and both factors I believe, mitigate against a claim of trademark infringement.
Fifth, the website is not a widely known or publicized website and caters to a small specialized audience within the railroad hobby community and is provided freely without a direct correlation between any documents and any financial donations to maintain the website.
All of the above points lead me to conclude that the legal letter is a poor attempted forgery and has been devised by someone intent on creating malicious mischief.
Mark
IF and I mean this is a BIG IF this 'letter' is genuine then the lawyer 'Crystal' and her assistant need their butts kicked for NOT proof reading the letter before sending it.
How unprofessional to have sent a letter that was obviously a 'Cut and Paste' job without proof-reading first.
Secondly, If she is really a trademark lawyer as claimed then she should be fully conversant of the problems Union Pacific encountered with their efforts as trademark bullying of the modelling manufacturers and wider modelling community. Then again 'she' didnt check her letter so expecting her to maintain 'industry knowledge' of relevant current cases is a bit much. She should have advised her client as to the possible bad publicity that may result from this letter.
Thirdly, the letter makes no mention of the chain of events relating to the purchase of EMD by CAT via their subsidiary Progress Rail from the Private Equity firm, who had purchased EMD from General Motors [GM].
Forthly, as someone else in this thread detailed, these manuals are not posted in their entirety on the website and they had been freely distributed to members of the railroading community at the time of publishing. They are therefore historical documents which have been in the 'public realm' for a considerable period of time and both factors I believe, mitigate against a claim of trademark infringement.
Fifth, the website is not a widely known or publicized website and caters to a small specialized audience within the railroad hobby community and is provided freely without a direct correlation between any documents and any financial donations to maintain the website.
All of the above points lead me to conclude that the legal letter is a poor attempted forgery and has been devised by someone intent on creating malicious mischief.
Mark
Fake It till you Make It, then Fake It some More