Railroaded by the Railroad

Oncoming Locomotive What do you do if you’re getting railroaded by a railroad company? Well one answer, according to a photographer in Vancouver British Columbia, is to make a stand against the oncoming legal locomotive. According to a report in Trans Talk, a specialty blog on Vancouver transportation issues, The Union Pacific (UP) Railroad is suing photographer Nils Huxtable for Trademark Infringement. Seems our poor photographer shot and sold an entire calendar filled with photos he took, all of UP trains. I feel for the guy, but come on, if you shoot a product filled with one company’s logo, and then sell it without a license, you stand a pretty good chance that some company lawyer will come knocking on your door. It would certainly be a different story if the general images were all different brand trains, but by having all UP, it is certainly reasonable that UP might consider this use as Cause for Confusion as to Source of Origin, Dilution, or implied endorsement. I think this photographer is in for a bumpy ride.

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