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| Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else (476452) | |||
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Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else |
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Posted by Kevin from Midwood on Tue Aug 14 12:11:27 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by AMoreira81 on Tue Aug 14 11:42:47 2007. I think you've gotten to the heart of the matter.I found a couple of articles posted to law firms' Web sites about Metropolitan Transportation Authority v. 476 Smith Street Corp. d/b/a F Line Bagels. The latest court decision is in regard to the defendant's affixing backward "F" symbols (a mirror image of what could be construed as MTA's "F" line symbol) to the store. One lawyer wrote, "New York Supreme Court held that the use of a mirror image of a trademarked subway designation creates the 'same general impression' as the original and would likely cause confusion. [...] This case focuses on trademark infringement, and holds that use of mirrored images of a trademark constitutes trademark infringement if it is not accompanied with some type of expressive message of its own." (Emphasis his.) Another law firm article notes that "New York City’s Metropolitan Transportation Authority (MTA) has over the years obtained trademark protection for its subway signs, including the line names 'A', 'D', and 'F' and the numbers '1', '4', and '7.'" This is exactly what a Subtalker wrote about in this post. So it's possible (IANAL) that MTA hasn't (yet) trademarked the "N" line symbol, and N Train Deli is in the clear. |
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