New Trucks from Trainworx

[daniel_leavitt2000]

I'm starting to think I will be able to fund my retirement with my vehicle connection.

[peteski]

I'm starting to think I will be able to fund my retirement with my vehicle connection.

Only if you bought this seemingly unannounced and unlicensed, and a very short run of the movie-themed trucks.  What was it? 250 of each model?

[jagged ben]

Only if you bought this seemingly unannounced and unlicensed, and a very short run of the movie-themed trucks.  What was it? 250 of each model?

Which he did...

[peteski]

Which he did...

LOL!  You got a point there! 

[nkalanaga]

"Unlicensed":  I don't know about the others, but the "Movin' On" truck might be a little hard to enforce a license on.  Going by the date when I saw, and photographed, it in Pasco, it seems to have stayed in commercial service after filming ended.  It even kept the "S PRUITT" lettering on the doors.  So, it would seem to have become "just another truck".

[jagged ben]

"Unlicensed":  I don't know about the others, but the "Movin' On" truck might be a little hard to enforce a license on.  Going by the date when I saw, and photographed, it in Pasco, it seems to have stayed in commercial service after filming ended.  It even kept the "S PRUITT" lettering on the doors.  So, it would seem to have become "just another truck".

Note that Trainworx themselves didn't put any movie names on the products, or release any advertising for them with any movie names or character names attached.   The box for my Optimus prime model just says "Peterbilt, 53' Reefer'.       I'm not sure that likenesses of stuff in movies is copyrighted if you don't actually tell people that's what it is when you sell it.  Character names and such are copyrighted, but trucks don't have character names, with the exception of Optimus Prime in this case.  Indeed, the only piece of any the model artwork that I can guarantee you is copyrighted or trademarked is the Transformers symbol.   I'm even surprised Pat didn't leave that off, in case of issues. Or maybe he did get permission, for that one item.  And he may not have needed it for the others.   

[peteski]

Note that Trainworx themselves didn't put any movie names on the products, or release any advertising for them with any movie names or character names attached.   The box for my Optimus prime model just says "Peterbilt, 53' Reefer'.       I'm not sure that likenesses of stuff in movies is copyrighted if you don't actually tell people that's what it is when you sell it.  Character names and such are copyrighted, but trucks don't have character names, with the exception of Optimus Prime in this case.  Indeed, the only piece of any the model artwork that I can guarantee you is copyrighted or trademarked is the Transformers symbol.   I'm even surprised Pat didn't leave that off, in case of issues. Or maybe he did get permission, for that one item.  And he may not have needed it for the others.   

If he did get permission (if it was needed) then I'm surprised that some sort official wording was not included on the packaging .  Usually (especially with all the lawsuits nowadays) some sort of wording or even holographic stickers are prominently displayed on the model's packaging.  Just look at the UPS items from Trainworx.  This "plain brown-paper wrapping" so to speak, was a bit surprising.  No that I have a problem with that.  Maybe with the one-time-run and very low quantity, there was no reason to worry about any licensing issues.

[nkalanaga]

Jagged Ben:  The "Duel" truck probably couldn't have been copyrighted or trademarked to start with.  I can just imagine the copyright office reading the description: "Rust-colored truck tractor with tank trailer".  Hardly an original or unique item!

[peteski]

Here are couple more eBay gems:
http://www.ebay.com/itm/Trainworx-N-Scale-Kenworth-K100-Aerodyne-Tractor-40-Trailer-BJ-and-Bear/141735848073
http://www.ebay.com/itm/Trainworx-N-Scale-Kenworth-W900-Tractor-40-Reefer-Trailer-Smokey-Bandit/131570755274

It will be interesting to see the final bids.  To be fair to the seller, he started bidding at $1.

[sirenwerks]

Jagged Ben:  The "Duel" truck probably couldn't have been copyrighted or trademarked to start with.  I can just imagine the copyright office reading the description: "Rust-colored truck tractor with tank trailer".  Hardly an original or unique item!

I do not wish to keep an N scale manufacturer from producing anything, by any means.  But just for record, the products that Trainworx's products are based on would be trademarked at the very least, not necessarily copyrighted.  Copyright is reserved for the "artistic", and would deifintely be attached to the films in which the trucks appeared.  A requirement of trademark is that the trademarked be distinctive, that it has the capacity for identifying and distinguishing particular goods as emanating from one producer or source and not another.  By placing that rusted truck on the screen, it ganed an "artistic" nuance to it and even a marketable distinctiveness by making the imagery of a rusting truck one that stuck in peoples' minds, so it would have been easily trademark-able and possibly even copyright-able.  Not so much the Duel truck IMO, but even after the ten year expiration, the Movin' On truck would still be identifiable to a fair amount of people and the trademark could have rightfully been extended.  And the Transformers truck dangerously so.

Some of these films were produced in or before the heyday of brand marketing, so the filmmakers may not have been so inclined as to trademark their imagery.  But given that Transformers is new and still fresh trademark-wise and so distinguishable by so many, my guess is that Pat has permission in one form or another.  Or he has trouble putting his pants on every morning, with kahunas that big.

[nkalanaga]

Would the fact that the Movin' On truck ran as a private commercial vehicle, on the public roads, in non-movie service, but in it's original paint, make a difference?  After all, at that point, it's just another owner-operator truck.

[peteski]

Would the fact that the Movin' On truck ran as a private commercial vehicle, on the public roads, in non-movie service, but in it's original paint, make a difference?  After all, at that point, it's just another owner-operator truck.

The tiny but clearly readable logo on the cab door of the model might be questionable.

[sirenwerks]

Would the fact that the Movin' On truck ran as a private commercial vehicle, on the public roads, in non-movie service, but in it's original paint, make a difference?  After all, at that point, it's just another owner-operator truck.

It could.  The filmmaker or marketing department has to apply for copyright and trademark, and that movie, as I mention, kinda predates the whole toy marketing craze that movies make their money off of now.  So maybe no copyright or trademark claim exists for Movin' On to license, ergo making it open season on marketing a likeness.  It's hard to believe the Transformers franchise wouldn't have done so though, and from the packaging for the Hasbro models I have seen the term "Optimus Prime" is trademarked, so I am fairly certain the truck image is too.  CAveat is I may be wrong, as the original OP, if I remember correctly, was a cab-over.

[nkalanaga]

Peteski:  If you mean the "S PRUITT" logo, it was still on the truck when I saw it in Pasco.  I checked my photo to make sure.

Oddly, I had never noticed the name until I saw it on the Trainworx model.  I just took my sister's word that that was THE truck from the TV show.  She was the truck fan, after all, I was more interested in the railroad yard on the other side of the highway.

[Rich_S]

It could.  The filmmaker or marketing department has to apply for copyright and trademark, and that movie, as I mention, kinda predates the whole toy marketing craze that movies make their money off of now.  So maybe no copyright or trademark claim exists for Movin' On to license, ergo making it open season on marketing a likeness.  It's hard to believe the Transformers franchise wouldn't have done so though, and from the packaging for the Hasbro models I have seen the term "Optimus Prime" is trademarked, so I am fairly certain the truck image is too.  CAveat is I may be wrong, as the original OP, if I remember correctly, was a cab-over.

My question: What does the packaging say? Does it indicate anywhere on the packaging about copyrights etc??? The same applies with railroad models, just look at the approval process model manufactures need to adhere to when producing CSX and Union Pacific models.