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Thursday, June 18, 2009
Rail Runner Brand Defended
By Maggie Ybarra
Journal Staff Writer
The Rail Runner logo is not a toy.
That's the position of the Mid-Region Council of Governments. Its officials say the state owns the rights to the trademark, and local merchants need to stop selling the trains until they obtain a trademark license.
But that isn't going to stop Warren Hatch, president of Trains West. Hatch said Rail Runner model trains are a hot item among collectors, and the agency's demand for licensure shouldn't apply to a third-party seller.
"The whole thing is a farce from the standpoint of I'm not manufacturing anything, therefore I don't need to be licensed," Hatch said. "I'm selling a standard product. I have a manufacturer, and we sell all their products."
The model trains, including an engine and three cars, cost $180, he said.
Hatch said he gets his products from Athearn — a California company that specializes in manufacturing toy trains. John Angstrom, manager of special projects at Athearn, declined comment Tuesday.
Augusta Meyers, MRCOG spokeswoman, said Athearn's trademark license expired in 2007, and the agency is in talks with the company about reinstating the license.
Until then, Hatch and anyone buying products from Athearn and reselling them to the public is infringing on the trademark, Meyers said.
"Nobody has a license right now, and that's why there's the need for discussion," Meyers said. But she said the agency has no intention of pursuing legal action against Hatch.
"Our interest is not in getting any money from this guy for the trains he's selling," Meyers said. "All we want is an agreement to protect the brand. All he has to do is pick up the phone and call us, and we'll get the ball rolling."
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