can i be sued

[matt fisher]

hi everybody it's matt

i 'm making an sp u50b from two athern u28b frames , i 've only cut the ends of and turned them around and glued them back together to make the frame of the u50b , can i get sued if i try to market them even if there athern frames that i bought and paid for ?
since they dont and wont make ever make them? and overland and con cor were the only ones to make them.

 

[sumpter250]

I would consider talking to the folks at Athearn. They would be the ones who would file suit, if you manufactured and distributed the product you described. I would, first, get a good pattent/copyright lawyer on my side.

 

[ezdays]

Disclaimer: announce1 THIS IS NOT LEGAL ADVICE

That having been said, I can tell you that after about 40 years in the manufacturing business and working for several major companies and our own company, we would frequently modify a product that we bought, put our own label on it and sell it. We never had even a hint of a lawsuit. I can't vouch for what you're doing, but I personally can't see Athearn going after someone doing what you're doing just as long as you don't sell it as a Athearn product. To be sure, I would think you would be more liable if you said it was manufactured by them and not a retrofit.

Again, this is just an opinion, but if you're unsure and you're going to make a bunch of them, do as Pete said, either talk to the company or get some good legal advice from someone that deals in corporate law.

 

[jim currie]

in this whacked out sue happy country ,WHO knows

 

[Ralph]

This doesn't strike me as being much different from custom painting locomotives or super detailing them and then selling them. I suppose the size of your sales might influence Athearn's response....a few units here and there compared to mass production (?)
Ralph

 

[eightyeightfan1]

Did you say SP?
Since the Southern Pacific is now Union Pacific property, and the way the UP has been sueing EVERYONE and ANYONE that has done anything UP........They might have something to say.
Of course..You could say you made it for yourself, then sold it to a friend.

 

[nachoman]

jim...

a very honest reply. God help america, indeed.

kevin

 

[Russ Bellinis]

I don't think what you are proposing to do is any different than Protopower West taking Athearn frames, machining them, adding weight and repowering them with can motors and hard wire connections; and selling them as Protopower West Chassis for various Athearn locomotives. As far as problems with U.P. suing, if you sell them undecorated, or painted without logos and let the customer buy the decals from a decal manufacturer, U.P. has no case.