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Re: TransportAzumah may need to obtain city franchise to operate private bus service?

Posted by BusMgr on Tue Jun 29 12:24:34 2010, in response to Re: TransportAzumah may need to obtain city franchise to operate private bus service?, posted by 9 local on Tue Jun 29 07:42:17 2010.

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Alright, but you're asking for it by using the MTA's numbers. They're not yours, you know.

If it is possible to have a property right (i.e., a trademark) in the alpha-numeric route designation scheme (a doubtful proposition at best), then the question becomes to whom do those alpha-numeric designations belong? The scheme was instituted in New York by the City's Board of Estimate, and the use ot the scheme by NYCTA was with the approval and consent of the Board of Estimate. After the Board's demise the City continued to use the scheme, through its Department of Transportation, and it continues to do so. Meanwhile, NYCTA stopped getting approval to use the City's scheme (and MTAB never received approval from the City). Might NYCTA have acquired the property through adverse possession? Through the term sheet with the City might MTAB have acquired the property? I suspect neither and that NYCTA and MTAB simply appropriated the alpha-numeric designations for themselves. In any event, this is all irrelevant if, as I believe, the alpha-numeric route designations are not trademarks. They're simply descriptive geographic terms without secondary meaning and therefore cannot be trademarks.

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