Model Train Journal

Ok, this is a strange one. I was surfing the 'net last night, looking for photos of covered hoppers. And what before my wandering eyes should appear? A blue & white Revere Sugar Co. covered hopper...in O-scale tinplate. I was shocked.

Why is this shocking? Because this car was created by my club, the South Shore Model Railway Club & Museum in Hingham, MA back in 2009 to raise money for us. I know, because I designed it. We found a bag of Revere Sugar product online and copied the graphics for the car, then used those colors for the car itself. We had a custom run of 500 HO cars made for us by Athearn using their RTR car and sold them out in good time. Our club car:



We were in the habit of coming up with a new car almost every year, trying to tie it into local businesses like Ocean Spray, Cabot Creamery, Boston Sand & Gravel, etc. (all with permission; Revere Sugar is long gone, however). We've done pretty well for the past 25+ years doing it, although lately it's becoming harder to sell cars that aren't prototypical.

Anyways, this is what MTH shows as being sold starting in June of this year:

https://mthtrains.com/20-97354

Looks a tad familiar, yes? They even used the same reporting marks and number series (RSCX 7006). Now for the record, real Revere Sugar cars were black with white lettering and no graphics, and usually GACX reporting marks with a 5-digit number.

But it doesn't stop there. Oh, no. MTH wasn't the only one digging for new product; Aristo-Craft couldn't stop from copying our car, too:

www.worthpoint.com/worthopedia/rmt-aris ... -405410022

I don't even know when they did that, and heck, Aristo has been out of business for how long?

Has anyone heard of this happening to any one else? I mean I know imitation is the sincerest form of flattery and all, but really? They could have at least given us some credit for the design.

Paul A. Cutler III
**************
Weather Or No Go New Haven
**************


Read more: http://atlasrescueforum.proboards.com/t ... z5NEPGpM1a

NOTE: The only thing I see wrong with the car is Paul is turning left and on the bags, or at least the bags I found on the Google, he is turning right.

Now, that MTH did not switch the orientation of Paul to that of the bags, shows to me that your club car was copied.

Gotta love it. MTH has made a career out of going after others that infringed on their intellectual property. Now here is this shining example of them copying someone else's work.


Read more: http://atlasrescueforum.proboards.com/t ... z5NERSGMf3

Didn't I read, long ago and far away, that you give up proprietary rights if you don't produce something in 7 years? I think someone will jump in on that.

Mikey don't care. Polks didn't care. Ever hear about the Aristo/LGB lawsuit?

Aristo was the distributor for RMT...never owned it.

ScaleCraft wrote:Didn't I read, long ago and far away, that you give up proprietary rights if you don't produce something in 7 years? I think someone will jump in on that.

I think that the copyright should still exist if it was all created de novo, except...

We found a bag of Revere Sugar product online and copied the graphics

and that right there might raise questions about copyright infringement in the creation of the initial car if no permission/agreement was put into place.

Can't enforce a copyright over something that probably was not owned to begin with.........and probably don't want to draw attention to that either at this point.

Mikey. What a piece of work. Every time I hear his name I get this mental image.....

Mikey has been sued and lost for copying other peoples products.
He copied Walthers HO buildings a while back and used the same names
and even used the same part numbers on the back of the parts. He also
tried to get the lawsuit moved to his state, the judge refused. Trial held in the Midwest.
Stephen