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

Posted by italianstallion on Mon Mar 14 14:50:28 2005, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by RonInBayside on Mon Mar 14 11:09:42 2005.

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I don't know if I agree. The rights the MTA has to subway line letter names and associated "bullets" are presumably limited to the use of these names in mass transit. Trademarks generally must be applied for a certain purpose only that you are in fact using. So while MTA can protect the "bullets" for mass transit uses, they can't protect them for purposes of running a bagel shop, since they are not in that business. The exception is if the public is confused by the use of the bullets for the bagel shop, into thinking that the bagel shop is part of the MTA, like maybe a station entrance. This is hardly likely in this case. So I think the MTA is overreaching, as most intellectual property owners seem to be doing these days.

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