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102-464: The GE Genesis (officially trademarked GENESIS ) is a series of passenger diesel locomotives built by GE Transportation for Amtrak , Metro-North , and Via Rail between 1992 and 2001. A total of 321 units were produced. Designed to meet Amtrak's specifications, the Genesis series is 14 feet 4 inches (4.37 m) tall. This allows for easier travel through low-clearance tunnels in

204-511: A GPS -enabled telephone not moving for a period of time, or merely failing to type a code within a few minutes of a computer's boot . An example of a software-based dead man's switch is one that starts when the computer boots up and can encrypt or delete user-specified data if an unauthorized user should ever gain access to the protected computer. Google's Inactive Account Manager allows the account holder to nominate someone else to access their services if not used for an extended period (the default

306-592: A "first-to-file" system, which grants rights to the first entity to register the mark. However, well-known trademarks are an exception, as they may receive protection even without registration. In contrast, a few countries, like the United States, Canada, and Australia, follow a "first-to-use" or hybrid system, where using the mark in commerce can establish certain rights, even without registration. However, registration in these countries still provides stronger legal protection and enforcement. For example, in

408-730: A 0 kW HEP load. As with the P40DC, traction horsepower in HEP mode decreases to 2,525 horsepower (1,880 kW) when providing the full 800 kW HEP load to the train. The P42DC has a maximum speed of 110 mph (177 km/h) compared to the 103 mph (166 km/h) maximum speed of the P40DC. Tractive effort is rated at 280.25 kN (63,000 lbf) of starting effort and 169 kN (38,000 lbf) of continuous effort at 38 mph (61 km/h) given wheel power of 3,850 horsepower (2,870 kW). P42DCs are used primarily on most of Amtrak 's long-haul and higher-speed rail service outside

510-444: A company or product. A trademark, by contrast, offers legal protection for a brand with enforceable rights over the brand's identity and distinguishing elements. Trademark law is designed to fulfill the public policy objective of consumer protection , by preventing the public from being misled as to the origin or quality of a product or service. By identifying the commercial source of products and services, trademarks facilitate

612-467: A competitor uses the same or a confusingly similar trademark for the same or similar products in a jurisdiction where the trademark is protected. This concept is recognized in many jurisdictions, including the United States, the European Union, and other countries, though specific legal standards may vary. To establish trademark infringement in court, the plaintiff generally must show: Trademark

714-417: A dead man's switch called an "operator-presence control", which by law must stop the blades within three seconds after the user releases the controls. Attached across the handle is a mechanical lever connected by a flexible cable to the kill switch on the engine. While mowing, the operator must always squeeze the lever against the handle. If the operator ever loses grip of the handle, the blade will disengage or

816-418: A dead man's switch to be used to activate a harmful device, such as a bomb or improvised explosive device . The switch that arms the device is only kept in its "off" position by continued pressure from the user's hand. The device will activate when the switch is released, so that if the user is knocked out or killed while holding the switch, the bomb will detonate. The Special Weapons Emergency Separation System

918-421: A dead man's switch, this type of device (a command loss timer) is not actually a dead man's switch, because it aims to recover from a hardware failure rather than the absence of human operators. It is generally called a watchdog timer , and is also used extensively in nuclear power control systems. System components on a spacecraft that put it into a safe mode or cause it to execute default behaviors when no command

1020-630: A distinctive label or ticket'. In the United States , Congress first attempted to establish a federal trademark regime in 1870. This statute purported to be an exercise of Congress' Copyright Clause powers. However, the Supreme Court struck down the 1870 statute in the Trade-Mark Cases later on in the decade. In 1881, Congress passed a new trademark act, this time according to its Commerce Clause powers. Congress revised

1122-492: A form of fail-safe where they stop a machine with no operator from a potentially dangerous action or incapacitate a device as a result of accident, malfunction, or misuse. They are common in such applications in locomotives , aircraft refuelling , freight elevators , lawn mowers, tractors, personal watercraft , outboard motors , chainsaws, snowblowers , treadmills, snowmobiles , amusement rides , and many medical imaging devices. On some machines, these switches merely bring

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1224-437: A generic product or service name. They should stand out from the surrounding text using capital letters, bold type, italics, color, underlining, quotation marks, or a unique stylized format. For example, say “LEGO® toy blocks” instead of “Lego’s.” A trademark may be designated by the following symbols: While ™ and ℠ apply to unregistered marks (™ for goods and ℠ for services), the ® symbol indicates official registration with

1326-457: A handle. While some pedal switches must simply be held down in order for the machine to function (this system is often found on amusement rides, where the operator is likely to remain in a standing position for a lengthy period of time while the ride is in motion), this method has some shortcomings. In the Waterfall train disaster , south of Sydney, Australia, in 2003, the driver suddenly died of

1428-419: A heart attack, and his slumped body kept the pedal depressed. There are some solutions to this issue that are now used in modern pedal systems. The pedal can have a vigilance function built in (a dead-man's vigilance device , driver vigilance device or DVD ), where drivers must release and re-press the pedal in response to an audible signal. This prevents it from being defeated by the above circumstances and

1530-609: A loss of rights in the trademark. It is still possible to make significant changes to the underlying goods or services during a sale without jeopardizing the trademark, but companies will often contract with the sellers to help transition the mark and goods or services to the new owners to ensure continuity of the trademark. Trademarks are often confused with patents and copyrights . Although all three laws protect forms of intangible property, collectively known as intellectual property (IP), they each have different purposes and objectives: Among these types of IP, only trademark law offers

1632-542: A single locomotive. This differs from the electronic air brakes on the P42DC and P32AC-DM. They also feature a builder's plate indicating that they were rebuilt under the auspices of the TIGER stimulus program. The P42DC ( GENESIS Series I ) is the successor model to the P40DC. It has an engine output of 4,250 horsepower (3,170 kW) at 1,047 rpm, or 3,550 horsepower (2,650 kW) when running in HEP mode (900 rpm) with

1734-419: A switch adjusted to an adolescent's or adult's weight. On recreational vehicles such as boats, personal watercraft and snowmobiles, and on the control panel of many amusement rides , the user or operator has a cord or lanyard attached to their wrist or life jacket, that is in turn attached to a key mounted on the dead man's switch. Should the rider fall off the vehicle or the operator at least move away from

1836-415: A vigilance function to this type of pedal results in a very safe system. However, isolation devices are still provided in case of equipment failure, so a deliberate override is still possible. These isolation devices usually have tamper-evident seals fitted for that reason. The dead man's switch can also be located beneath the seat of a vehicle or machine and engages if the operator is not in the seat holding

1938-701: A whole. Trademark protection does not apply to utilitarian features of a product such as the plastic interlocking studs on Lego bricks. The earliest examples of use of markings date back to around 15,000 years ago in Prehistory . Similar to branding practices, the Lascaux cave paintings in France, for instance, depict bulls with marks, which experts believe may have served as personal marks to indicate livestock ownership. Around 6,000 years ago, Egyptian masonry featured quarry marks and stonecutters' signs to identify

2040-493: Is "escalator," which was once a trademark. In contrast, patents have a fixed term, typically lasting 20 years from the filing date, after which the invention enters the public domain. Copyrights generally last for the life of the author plus an additional 50 to 70 years (depending on the jurisdiction), after which the protected work enters the public domain. Although intellectual property laws such as these are theoretically distinct, more than one type may afford protection to

2142-450: Is a fully computerized locomotive. Its onboard computer systems automatically manage various functions, including real-time adjustments to engine output in response to overheating, low oil pressure, or reduced airflow intake. This ensures continued operation during minor operational deviations, streamlining maintenance requirements. All Genesis locomotives provide head-end power (HEP) to the train via an alternator or inverter powered by

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2244-461: Is a standard feature on most British DSD systems. If the timer period is beginning to expire, a visual and audible warning is given. If the operator fails to acknowledge the warning, a penalty brake application results. Some types of locomotive are fitted with a three-position pedal, which must normally be kept in the mid position. This lessens the likelihood of accidentally defeating it, although it may still be possible to deliberately do so. Adding

2346-504: Is also used on the R143 and other New York City Subway cars while under CBTC operation. In the US, older locomotives produced before 1995 did not originally carry this feature, but given the modular nature of the system it is not uncommon to find them retrofitted. Some aeroplanes use vigilance control to minimize hypoxia , descending to lower altitude if the pilot is unresponsive. In 2019,

2448-531: Is an application of this concept in the field of nuclear weapons. A more extreme version is Russia's Dead Hand program, which allows for either automatic or semiautomatic launch of nuclear missiles should a number of conditions be met, even if all Russian leadership were to be killed. A similar concept is the handwritten letters of last resort from the Prime Minister of the United Kingdom to

2550-435: Is inherently distinctive (able to identify and distinguish a single source of goods or services), often falling into categories such as suggestive, fanciful, or arbitrary, and is therefore registerable. In contrast, weak trademarks tend to be either descriptive or generic and may not be registerable. The registration process typically begins with a trademark clearance search to identify potential conflicts that could prevent

2652-508: Is only used on services operating north from New York City , where diesel emissions through its two fully enclosed main terminal stations are prohibited. Amtrak rosters 18 P32AC-DM locomotives and uses them for its Empire Service , Ethan Allen Express , Lake Shore Limited (New York section), Adirondack , and Maple Leaf services, all of which travel to New York Penn Station . Metro-North rosters 31 P32AC-DM locomotives on push-pull trains to Grand Central Terminal ; four are owned by

2754-438: Is provided by a "dead man's handle" or pedal. If the driver is taken ill and releases this, the power will be shut off and an emergency brake application will be initiated to stop the train. More recent safety standards do not consider this to be adequate, as the driver may slump over the dead man's handle and continue to hold it down even though they are not capable of controlling the train. Modern trains overcome this risk with

2856-402: Is received within a predefined time window can be considered a dead man's switch, but hardware or software that attempts to receive a command from human operators through an alternate channel is an auto-recovering or adaptive communications system, not a dead man's switch. Voyager 2 recovered from a command receiver failure with a command loss timer. In most trains, a basic level of protection

2958-451: Is removed, releasing the rod's contact with the internal switch, instantly cutting power and applying the brakes. Though there are ways that this type of dead man's control could conceivably fail, in practice they have proven highly reliable. On some earlier equipment, pressure was not maintained on the entire controller, but on a large button protruding from the controller handle. This button also had to be pressed continuously, typically with

3060-503: Is required to act as the "basic mark." In the international application, the trademark owner can designate one or more Madrid System Member countries for protection. Each designated country’s trademark office will review the Madrid application under its local laws to grant or refuse protection. In the United States, for example, a trademark must first be registered or pending with the U.S. Patent and Trademark Office (USPTO) to serve as

3162-466: Is subject to various defenses, such as abandonment, limitations on geographic scope , and fair use. In the United States, the fair use defense protects many of the interests in free expression related to those protected by the First Amendment . Fair use may be asserted on two grounds, either that the alleged infringer is using the mark to describe accurately an aspect of its products, or that

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3264-463: Is the release of the decryption key, as with Vault 7 . A related device is a kill switch . Interest in dead man's controls increased with the introduction of electric trams (streetcars in North America) and especially electrified rapid transit trains. The first widespread use came with the introduction of the mass-produced Birney One-Man Safety (tram) Car , though dead-man equipment

3366-415: Is three months). Some solutions available to the public utilize the growing market of mobile devices. Instead of sending an automated e-mail, they will send a push notification directly to the mobile device, and can alert family and friends in a much more convenient way. Many spacecraft use a form of dead man's switch to guard against command system failures. A timer is established that is normally reset by

3468-670: Is typically secured through registration with governmental agencies, such as the United States Patent and Trademark Office (USPTO) or the European Union Intellectual Property Office (EUIPO). Registration provides the owner certain exclusive rights and provides legal remedies against unauthorized use by others. Trademark laws vary by jurisdiction but generally allow owners to enforce their rights against infringement, dilution, or unfair competition. International agreements, such as

3570-692: Is unique as it is equipped with GE's GEB15 AC (alternating current) traction motors , rather than DC (direct current) motors as used in the other subtypes. It is also only one of two modern American electro-diesel locomotives with third-rail capability, along with the EMD DM30AC operated by the Long Island Rail Road . This excludes the NJ Transit and Exo's Bombardier ALP-45DP electro-diesel locomotives, as they can only operate from overhead catenary electrification . The P32AC-DM

3672-606: Is used to refer to both trademarks and service marks. Similarly, the World Intellectual Property Organization (WIPO) defines a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. WIPO administers the Madrid Protocol , which allows trademark owners worldwide to file one application to register their trademark in multiple countries. Almost anything that identifies

3774-540: The 1993 Big Bayou Canot train wreck , 807 and 829 in the 1999 Bourbonnais, Illinois, train crash ) and scrapped. Eight were leased and later sold to the Connecticut DOT for Shore Line East in 2005, and four were rebuilt and sold to New Jersey Transit in 2007; NJ Transit sold its units to ConnDOT in 2015. The remaining 28 units were placed out-of-service for many years. 15 of these units were rebuilt using 2009 ARRA stimulus funds and returned to service, now in

3876-647: The Connecticut Department of Transportation . The Metro-North and ConnDOT fleet of P32AC-DM locomotives will be replaced in 2025–2027 by new Siemens SC-42DM Charger locomotives. For 150 mph (241 km/h) or more in the US, see High-speed rail in the United States Trademark The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks

3978-464: The Garmin G3000 became the first general aviation avionics suite capable of automatically diverting an aircraft to the nearest airport and landing it in the event a pilot fails to interact with the aircraft's controls or respond to system prompts. This automation capability has been made possible by advancements in computing, control, and navigation technologies and is of particular importance in

4080-522: The Northeast and lower Empire Corridors. They will be replaced on long-distance service by 125 Siemens ALC-42 Charger locomotives between 2021 and 2024, but will remain in service on shorter corridor trains. Via Rail Canada has utilized P42DC locomotives since 2001, when they replaced the LRC locomotives that year. They are currently on services with speeds up to 100 mph (161 km/h), mainly on

4182-640: The Northeast Corridor , especially compared to the earlier EMD F40PH which was 14 inches (356 mm) taller. The GE Genesis series stands out for its unique, lightweight monocoque carbody design, styled by industrial designer Cesar Vergara . This innovative approach translates to improved aerodynamics and fuel efficiency compared to its predecessors. However, the complexity of the monocoque design results in slightly higher maintenance and repair costs. Notably, Amtrak equips its Genesis locomotives with bolt-on nose cones to facilitate rapid repairs in

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4284-647: The Paris Convention and the Madrid Protocol , simplify the registration and protection of trademarks across multiple countries. Additionally, the TRIPS Agreement sets minimum standards for trademark protection and enforcement that all member countries must follow. The term trademark can also be spelled trade mark in regions such as the EU, UK, and Australia, and as trade-mark in Canada. Despite

4386-495: The Quebec City-Windsor rail corridor. The P32AC-DM ( GENESIS Series II , short for "Passenger, 3,200 hp (2,400 kW), Alternating Current, Dual Mode") was developed for both Amtrak and Metro-North . They can operate on power generated either by the on-board diesel prime mover or power collected from a third rail electrification system at 750 volts direct current ; the third-rail shoes are used on

4488-424: The controller handle , the device that regulates traction power. If pressure is not maintained on the controller, the train's emergency brakes are applied. Typically, the controller handle is a horizontal bar, rotated to apply the required power for the train. Attached to the bottom of the handle is a rod that when pushed down contacts a solenoid or switch inside the control housing. The handle springs up if pressure

4590-646: The "basic mark" necessary for Madrid filings. The trademark registration process with the USPTO generally follows these steps: Trademark owners seeking protection in multiple jurisdictions have two options: the Paris route, under the Paris Convention , or the Madrid System , which is administered by WIPO . The Paris route, covering 180 countries and also known as the "direct route," requires filing separate applications with each country’s IP office. In contrast,

4692-429: The European Union requires "genuine use" of the mark within a continuous five-year period following registration to maintain the trademark, with non-use potentially resulting in revocation. The trademark owner must enforce their rights to preserve the trademark's distinctiveness , prevent trademark infringement, and avoid dilution. Enforcement after registration generally involves: Trademark infringement occurs when

4794-468: The Madrid System streamlines the process by allowing a single Madrid application, built on an existing or applied-for national or regional registration (the "basic mark"), to extend protection to up to 131 countries. Unlike patents and copyrights , which have fixed expiration dates, trademark registrations typically have an initial term of 10 years and can be renewed indefinitely, as long as

4896-409: The P40DC and P32AC-DM is a hostler stand at the rear of the locomotive providing increased visibility and reversing capabilities to the engineer while conducting reverse operations. When a unit is in operation from this stand it is limited to 10 mph (16 km/h) and a dead man's switch protects against movement without an operator being present. Another unique feature to the original P40DC were

4998-608: The Phase V livery, except for 822, which is painted in Phase III Heritage livery for Amtrak's 40th Anniversary. The units that were not rebuilt or sold have since been scrapped. In January 2018, ConnDOT awarded a contract to Amtrak to overhaul their twelve P40DC locomotives at the Beech Grove Shops . The first unit was completed in early 2021. With the introduction of M8 EMU trains for Shore Line East service,

5100-577: The Roman Empire. Other notable trademarks that have been used for a long time include Stella Artois , which claims use of its mark since 1366, and Löwenbräu , which claims use of its lion mark since 1383. The first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, which required all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in

5202-585: The Siemens name. Three models of Genesis were built by General Electric, the P40DC, P42DC, and P32AC-DM. The P40DC ( GENESIS Series I ) or Dash 8-40BP (originally known as the AMD-103 or A mtrak M onocoque D iesel - 103 MPH) is the first model in the Genesis series, built in 1993. The locomotive operates in a diesel-electric configuration that uses DC to power the traction motors , producing 4,000 horsepower (2,980 kW) at 1047 rpm. Power output to

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5304-528: The Trademark Act in 1905. The Lanham Act of 1946 updated the law and has served, with several amendments, as the primary federal law on trademarks. The Trade Marks Act 1938 in the United Kingdom set up the first registration system based on the "intent-to-use" principle. The Act also established an application publishing procedure and expanded the rights of the trademark holder to include

5406-492: The Trademark Electronic Search System (TESS) in 2023. A comprehensive clearance search involves checking the USPTO database for federally registered and applied-for trademarks, state trademark databases, and the internet to see if someone else has already registered that trademark or a similar one. The search should also include looking at both words and designs. To search for similar designs in

5508-486: The UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as a device or mark, or name of an individual or firm printed in some particular and distinctive manner; or a written signature or copy of a written signature of an individual or firm; or

5610-400: The USPTO database, design search codes must be used. WIPO ’s Global Brand Database provides international access to trademarks and emblems. Trademark owners can either maintain protection at the national level or expand internationally through the Madrid System by building on their national registration. To pursue international protection, a national registration or pending application

5712-584: The United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration. Federal registration with the USPTO provides additional benefits, such as: Trademark law grants legal protection to "distinctive" trademarks, which are marks that allow consumers to easily associate them with specific products or services. A strong trademark

5814-542: The Year can identify herself as such on her website. Dead man%27s switch A dead man's switch is a switch that is designed to be activated or deactivated if the human operator becomes incapacitated, such as through death , loss of consciousness , or being bodily removed from control. Originally applied to switches on a vehicle or machine , it has since come to be used to describe other intangible uses, as in computer software . These switches are usually used as

5916-433: The addition of a vigilance system to the dead man's system. A buzzer or bell sounds every minute or so in order to alert the motorman or engineer. If they do not respond by moving a controller, or releasing and then re-applying the dead man's handle, the system will automatically initiate an emergency brake application. Most major rail systems in the world use this equipment, both in their freight and passenger operations. It

6018-459: The alleged infringer is using the mark to identify the mark owner. One of the most visible proofs that trademarks provide a limited right in the U.S. comes from the comparative advertising that is seen throughout U.S. media. An example of the first type is that although Maytag owns the trademark "Whisper Quiet" for its dishwashers, makers of other products may describe their goods as being "whisper quiet" so long as these products do not fall under

6120-438: The barring of trademark use even in cases where confusion remained unlikely. This Act served as a model for similar legislation elsewhere. The oldest registered trademark has various claimants, enumerated below: Trademark protection can be acquired through registration and/or, in certain countries, through use. Globally, the most common method for establishing trademark rights is registration. Most countries operate under

6222-416: The blade from spinning. Some tools go further and have a trigger guard built into the handle, similar to firearm safeties . Only when the user presses in the trigger guard first will it then release its lock on the trigger and allow the trigger to be pressed in. Typically, trigger guards can only be pressed in while the user has a firm grip of the handle. Every walk-behind mower sold in the US since 1982 has

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6324-429: The boat from continuing under power but out of control, risking injury to anyone in or out of the water including passengers who may have fallen out or may still be in the boat, and collision damage to any property in the path of this out of control boat; this in turn prevents or limits damage to the boat itself from striking other objects. It is a common and dangerous practice to defeat the kill cord by fixing it to part of

6426-411: The boat instead of the operator; for convenience. This has been the cause of accidents, some of which were fatal or caused limb loss. Some luggage carts at airports and exercise treadmills have this feature. In the case of treadmills, the dead man's switch usually consists of an external magnet attached to a cord that clips to the user. If the user falls or walks away without turning off the treadmill,

6528-463: The commanding officers of the four British ballistic missile submarines . They contain orders on what action to take if the British government is destroyed in a nuclear attack. After a prime minister leaves office, the letters are destroyed unopened. This concept has been employed with computer data, where sensitive information has been previously encrypted and released to the public, and the "switch"

6630-418: The controls, the cord will be pulled out of the dead man's switch, turning off the engine or setting the throttle position to "idle". On powered boats in particular this cord is often called a "kill cord" (for powered boats use around the wrist is not recommended, as it may slip off without cutting the engine). If the helmsman goes overboard or is forced away from the controls, the engine cuts out. This prevents

6732-565: The dead man's device be released momentarily and re-applied at timed intervals. There has also been a proposal to introduce a similar system to automotive cruise controls . Software versions of dead man's switches are generally only used by people with technical expertise, and can serve several purposes, such as sending a stored message, a notification to friends, or deleting and encrypting data. The "non-event" triggering these can be almost anything, such as failing to log in for 7 consecutive days, not responding to an automated e-mail, ping ,

6834-456: The dead man's switch is incorporated into the train's speed control. On the R142A car, the train operator must continually hold the lever in place in order for the train to move. An example of a passenger vehicle using a dead man's switch is on Tesla electric vehicles. When the driver has engaged the semi-autonomous driving system "Autopilot", they must keep their hands on the steering wheel. If

6936-595: The different spellings, all three terms denote the same concept. In the United States, the Lanham Act defines a trademark as any word, phrase, symbol, design, or combination of these things used to identify goods or services. Trademarks help consumers recognize a brand in the marketplace and distinguish it from competitors. A service mark , also covered under the Lanham Act, is a type of trademark used to identify services rather than goods. The term trademark

7038-430: The driver immediately. Handle-mounted dead man's switches are also used on many hand-held tools and lawn equipment, typically those that rotate or have blades such as saws, drills, snow blowers and lawn mowers. On saws for example, they incorporate a squeeze throttle trigger into the handle. If the user loses grip of the saw, the springs in the throttle trigger will push it back out to the off or idle setting, stopping

7140-482: The driver takes their hands off the steering wheel for more than 30 seconds, a loud alarm will sound inside the car to wake sleeping drivers; if the driver leaves their hands off for more than a minute, then the car will engage its hazard warning lights and bring the car to a stop. This is done because the Autopilot system is not capable of full-self driving, and requires that the driver be able to take over operation of

7242-582: The early 20th century. The Malbone Street Wreck on the Brooklyn Rapid Transit system in 1918, though not caused by driver incapacitation, did spur the need for universal deployment of such devices to halt trains in the event of the operator's disability. According to a Manhattan borough historian, there have been at least three instances where the dead man's switch was used successfully – in 1927, 1940, and 2010. The status and operation of both vigilance and dead man's switch may be recorded on

7344-433: The engine will stop, stopping the blades from spinning and (if equipped) any drive wheels from turning. On mowers where the engine stops, this switch configuration also acts as the engine's main kill switch; when the operator wants to stop the engine, he can release the dead man's switch intentionally. On some vehicles, including the diesel-electric railway locomotives in Canada, and on Nottingham Express Transit vehicles,

7446-458: The event of a grade crossing collision. The Genesis represents a significant leap forward in performance. It boasts a 22% improvement in fuel efficiency and delivers 25% more power compared to the F40PH. Furthermore, all Genesis locomotives utilize modern, four-stroke engines , surpassing the two-stroke technology employed in earlier EMD counterparts. Further enhancing reliability, the Genesis

7548-409: The identification of products and services which meet the expectations of consumers as to the quality and other characteristics. Trademarks may also serve as an incentive for manufacturers, providers, or suppliers to consistently provide quality products or services to maintain their business reputation. Furthermore, if a trademark owner does not maintain quality control and adequate supervision about

7650-574: The late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857 with the "Manufacture and Goods Mark Act". In Britain, the Merchandise Marks Act 1862 made it a criminal offense to imitate another's trade mark 'with intent to defraud or to enable another to defraud'. The passing of the Trade Marks Registration Act 1875 allowed formal registration of trademarks at

7752-428: The machines back to a safe state, such as reducing the throttle to idle or applying brakes while leaving the machines still running and ready to resume normal operation once control is reestablished. Dead man's switches are not always used to stop machines and prevent harm; such switches can also be used as a fail-deadly , since a spring-operated switch can be used to complete a circuit, not only to break it. This allows

7854-864: The main engine. This system delivers a maximum output of 800 kilowatts (1,100 hp), capable of powering up to 16 Superliner railcars . The P40DC and P42DC models offer two HEP configurations: normal mode with the engine speed locked at 900 rpm for providing both HEP and traction power, and standby mode with the engine speed locked at 720 rpm for HEP only (no traction power). The P32AC-DM offers greater operational flexibility with its HEP inverter. The engine can run at 1,047 rpm while delivering both traction power and HEP. Additionally, it can idle at 620 rpm (notch three) while still providing HEP for lighting and air conditioning when not in use for traction. The Genesis utilizes trucks manufactured by Krupp Verkehrstechnik [de] , which has since been acquired by Siemens Mobility . Newer Genesis locomotives reflect this change and carry

7956-532: The manufacture and provision of products or services supplied by a licensee, such "naked licensing" will eventually adversely affect the owner's rights in the trademark. For US law see, ex. Eva's Bridal Ltd. v. Halanick Enterprises, Inc. 639 F.3d 788 (7th Cor. 2011). This proposition has, however, been watered down by the judgment of the House of Lords in the case of Scandecor Development AB v. Scandecor Marketing AB et al. [2001] UKHL 21; wherein it has been held that

8058-415: The mark remains in continuous use in commerce. If the trademark owner stops using the mark for too long (typically three to five years, depending on the jurisdiction), the trademark rights may be lost. For example, in the United States, trademark rights are based on use in commerce. If a mark is not used for three consecutive years, it is presumed abandoned and becomes vulnerable to challenges. Similarly,

8160-476: The mere fact that a bare license (the equivalent of the United States concept of a naked license) has been granted did not automatically mean that a trademark was liable to mislead. By the same token, trademark holders must be cautious in the sale of their mark for similar reasons as apply to licensing. When assigning an interest in a trademark, if the associated product or service is not transferred with it, then this may be an "assignment-in-gross" and could lead to

8262-600: The over-running third-rail into Penn Station for Amtrak units and the under-running third-rail into Grand Central Terminal for Metro-North. The P32AC-DM is rated at 3,200 horsepower (2,390 kW), 2,900 horsepower (2,160 kW) when supplying HEP, and is geared for a maximum speed of 110 mph (177 km/h). Tractive effort is rated at 275.8 kN (62,000 lbf) of starting effort from zero to 14 mph (23 km/h) and 113.43 kN (25,500 lbf) of continuous effort at 40 mph (64 km/h) given wheel power of 2,700 horsepower (2,010 kW). The P32AC-DM

8364-478: The palm of the hand so that the button was flush with the top of the handle. Another method used, particularly with some lever-type controllers, which are rotated rather than pushed or pulled, requires that the handle on the lever be turned through 90 degrees and held in that position while the train is in operation. Some dead man's controls only work in the mid position and not with full pressure (see pilot valve ). In modern New York City Subway trains, for example,

8466-421: The possibility of perpetual rights, provided the trademark is continuously used and renewed. However, if a trademark is no longer in use, its registration may be subject to cancellation. Trademarks can also lose protection through genericide , a process where a trademark becomes so widely used to refer to a category of goods or services that it loses its distinctiveness and legal protection. A well-known example

8568-593: The rebuilt P40DCs will be exclusively used on the Hartford Line . By 2007, New Jersey Transit had upgraded their P40DC units with updated prime movers to match the 4,250 horsepower (3,170 kW) of the successor P42DC. This was done by readjusting the position of the lay shafts within the prime mover. Amtrak returned 15 of their P40DC units to service as part of a project funded through the American Recovery and Reinvestment Act of 2009 . The first of

8670-456: The receipt of any valid command (including one whose sole function is to reset the timer). If the timer expires, the spacecraft enters a "command loss" algorithm that cycles through a predefined sequence of hardware or software modes (such as the selection of a backup command receiver) until a valid command is received. The spacecraft may also enter a safe mode to protect itself while waiting for further commands. While having some similarities to

8772-527: The registration of the trademark. A comprehensive clearance search can help avoid costly and time-consuming issues, such as refusal to register, opposition or cancellation proceedings, or a trademark infringement lawsuit. In the United States, the USPTO maintains a publicly accessible database of registered trademarks. This database can be searched using the Trademark Search system, which replaced

8874-425: The relevant national authority. Using the ® symbol for unregistered trademarks is misleading and can be treated as unfair business practice. It may also result in civil or criminal penalties. A brand is a marketing concept that reflects how consumers perceive a product or service. It has a much wider meaning and refers to the proprietary visual, emotional, rational, and cultural image that customers associate with

8976-426: The same article. For example, the particular design of a bottle may qualify for copyright protection as a non-utilitarian [sculpture], or trademark protection based on its shape, or the ' trade dress ' appearance of the bottle as a whole may be protectable. Titles and character names from books or movies may also be protectable as trademarks while the works from which they are drawn may qualify for copyright protection as

9078-405: The same category of goods the trademark is protected under. An example of the second type is that Audi can run advertisements saying that a trade publication has rated an Audi model higher than a BMW model since they are only using "BMW" to identify the competitor. In a related sense, an auto mechanic can truthfully advertise that he services Volkswagens , and a former Playboy Playmate of

9180-486: The source of goods or services can serve as a trademark. In addition to words, slogans, designs, or combinations of these, trademarks can also include non-traditional marks like sounds, scents, or colors. Under the broad heading of trademarks, there are several specific types commonly encountered, such as trade dress, collective marks, and certification marks: To maintain distinctiveness , trademarks should function as adjectives, not as nouns or verbs, and be paired with

9282-488: The stone's origin and the workers responsible. Wine amphorae marked with seals were also found in the tomb of Pharaoh Tutankhamun , who ruled ancient Egypt more than 3,000 years ago. Over 2,000 years ago, Chinese manufacturers sold goods marked with identifying symbols in the Mediterranean region. Trademarks have also been discovered on pottery, porcelain, and swords produced by merchants in ancient Greece and

9384-496: The switch cuts power to the treadmill belt. In information security , kill cords are also used in computers to turn off the machine if the user is separated from it. Strategic Air Command developed a dead man's switch for its nuclear bombers, known as Special Weapons Emergency Separation System (SWESS), that ensured the nuclear payload detonated in the event of the crew becoming incapacitated through enemy action. The purpose of this device, unlike other examples mentioned above,

9486-435: The switch down. On modern tractors, the switch will cut the engine while the transmission is engaged or the power take-off is spinning. On riding lawn mowers, the switch is often more extreme where the switch will cut the engine even if the mower is parked and the blades are not spinning. Seat switches can also be used to keep small children from even starting the vehicle since they would not weigh enough to completely hold down

9588-412: The traction motors is 3,550 hp (2,650 kW) when running in HEP mode (900 rpm) with a 0 kW HEP load. Traction power in HEP mode decreases to 2,525 horsepower (1,880 kW) when providing the maximum 800 kW (1,100 hp) HEP load to the train. The P40DC is geared for a maximum speed of 103 miles per hour (166 km/h). The P40DC was succeeded in 1996 by the P42DC. A feature unique to

9690-474: The train to a stop if necessary. For many decades two people were assigned to electric and diesel locomotives as well, even though a single person could theoretically operate them. With modern urban and suburban railway systems, the driver is typically alone in an enclosed cab. Automatic devices were already beginning to be deployed on newer installations of the New York City Subway system in

9792-505: The train's event recorder (commonly known as a black box ). Modern locomotive practice is to incorporate the dead-man's and vigilance functions under the control of the alerter or the event recorder. Many dead man's switches are mounted in the control handle of a vehicle or machine and engage if the operator ever loses their grip. Handle switches are still used on modern trams and trains. Pneumatically or electrically linked dead man's controls involve relatively simple modifications of

9894-461: The tram's speed controller is fitted with a capacitive touch sensor to detect the driver's hand. If the hand is removed for more than a short period of time, the track brakes are activated. Gloves, if worn, have to be finger-less for the touch sensor to operate. A backup dead-man's switch button is provided on the side of the controller for use in the case of a failed touch sensor or if it is too cold to remove gloves. A pedal can be used instead of

9996-498: The two strobes above the cab and an emergency flasher between the strobes. When they were overhauled, those features were removed. Both the P40DC and P42DC allowed Amtrak to operate heavy long-distance trains with fewer locomotives compared to the older EMD F40PH locomotives; two P40DCs could do the same work as three F40PHs. Additional deliveries of the P42DC ended up replacing the P40DCs. Three units were prematurely wrecked (819 in

10098-495: The units were returned to service in March 2010 after being overhauled at the Beech Grove Shops . They were upgraded like NJT's units had been a few years before to have 4,250 hp (3,170 kW) and match the P42DC's maximum speed of 110 mph (177 km/h). They also received updated cab signaling systems. The upgraded locomotives still have mechanical air brakes , which makes them most suitable for trains that only require

10200-417: The vehicle without warning, should the car encounter a problem it does not know how to solve. This system uses a torque sensor on the steering wheel of the vehicle: when a driver is simply holding the wheel, they are still applying a small amount of torque to the wheel, confirming for the car that the driver is being attentive; if the driver turns the wheel with more force, all vehicle controls are handed back to

10302-446: Was fail-deadly rather than fail-safe . Once armed, the system would detonate the onboard nuclear weapons if the aircraft dropped below a predetermined level, typically due to being shot down. The main safety failing with the basic dead man's system is the possibility of the operating device being held permanently in position, either deliberately or accidentally. Vigilance control was developed to detect this condition by requiring that

10404-404: Was fairly rare on US streetcars until the successful PCC streetcar , which had a left-foot-operated dead man's pedal in conjunction with the right-foot-operated brake and power pedals. This layout has continued to be used on some modern trams around the world. In conventional steam railroad trains, there was always a second person with the engineer, the fireman , who could almost always bring

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