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| Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks (829226) | |||
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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks |
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Posted by BMTLines on Fri Sep 4 08:08:14 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by arnine on Fri Sep 4 06:28:52 2009. What I object to is their attempt to stop people from using photographs of the subway on calendars, postcards, etc if the pictures include the route bullet in the background. In that case it is not as if you are selling a stylized route bullet on a t-shirt or other trinket. The route bullet is merely part of the background of your scene.The courts decided in Rock & Roll Hall of Fame & Museum v. Gentile Prods that a photographer can sell pictures of a trademarked building - this could very well be extended by the courts to include MTA rolling stock which they seem to imply on their site that it is their intellectual property Much of what they appear to be laying claim to is in the public domain either by having been created prior to 1923 and/or other legal reasons. They can take their route symbols and shove them where the sun don't shine but they should not interfere with the use of photographs - past and present. |
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