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Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else

Posted by Stephen Bauman on Mon Mar 14 10:25:23 2005, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Allan on Mon Mar 14 09:52:22 2005.

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The MTA is within its rights since it went through the steps to copyright the bullets.

Are you sure that the TA was given the power to obtain intellectual property? According to NYS law property acquired by the TA must be related to transit operations.

They would not haven gotten into trouble if they had left off the orange disk behind the F.

If it is a trademark, then the question of use and confusion comes in to play. Would the public be confused by into thinking that the bagel shop is operating a transit system?

If it's a copyright, then only the expression is protected, not the underlying idea. The TA did not copyright the letter "F" or a disk. So, if the type face is different or the disk is another color then the copyright has not been infringed. Of course, if the bagel shop can find prior instances of the letter F centered on a disk, then they can invalidate the copyright.

Unfortunately, the TA has a staff of lawyers and the bagel shop doesn't. Perhaps, the legal staff is trying to demonstrate its worth as a revenue center. I thought they were scheduled for elimination as part of the "close the gap" [budget] program.

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