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

Posted by Fytton on Tue Mar 15 10:47:50 2005, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Max Roberts on Tue Mar 15 10:30:41 2005.

'Trademark is not the same as copyright, and in my understanding, most are rubber stamped these days, to leave rich people to challenge. Even in the US, I have come across trademarks that have been successfully challenged.

In UK law, a trademark applies to a particular good or service, not to everything. So if the MTA has registered an F in a particular typeface on an orange bullet background as a trademark for a subway service, in the UK that wouldn't stop someone supplying bagels from using the same trademark. Bagels and subway services are very different things! On the other hand, if the bagel shop was held to be implying that it had an MTA endorsement by using their trademark, the offence of "passing off" could be alleged.

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