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

Posted by Chris R16/R2730 on Mon Aug 13 15:47:44 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by JohnL on Mon Aug 13 15:26:21 2007.

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I agree completely. $500 a year, no big deal, everyone's happy.

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

Posted by Allan on Mon Aug 13 15:55:52 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by BIE on Mon Aug 13 15:08:14 2007.

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How come you are commenting on a 2 year topic? The whole situation is over and done with. The bagel shop lost.

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

Posted by BIE on Mon Aug 13 16:21:11 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Chris R16/R2730 on Mon Aug 13 15:47:44 2007.

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That's fair.

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

Posted by BIE on Mon Aug 13 16:24:01 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Allan on Mon Aug 13 15:55:52 2007.

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I didn't drag it up, you did. I think copyrights should expire after 28 years (renewable ONCE) like they did before the corporate nazis took over.

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

Posted by E Line Fan on Mon Aug 13 18:49:20 2007, in response to MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by heypaul on Mon Mar 14 06:09:42 2005.

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F Line Bagels is still at 476 Smith Street.

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

Posted by South Brooklyn Railway on Mon Aug 13 18:50:31 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by E Line Fan on Mon Aug 13 18:49:20 2007.

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Um, why are you responding to a 2 year old thread?

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

Posted by Broadway Buffer on Mon Aug 13 18:59:57 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by South Brooklyn Railway on Mon Aug 13 18:50:31 2007.

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He might as well since somebody else did the same a few hours earlier.

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

Posted by South Brooklyn Railway on Mon Aug 13 19:01:42 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Broadway Buffer on Mon Aug 13 18:59:57 2007.

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Damn them, too!

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

Posted by Broadway Buffer on Mon Aug 13 19:12:15 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by South Brooklyn Railway on Mon Aug 13 19:01:42 2007.

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Haha :)

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

Posted by E Line Fan on Mon Aug 13 19:12:46 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by South Brooklyn Railway on Mon Aug 13 19:01:42 2007.

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SBK, I wonder who did the original necropost?

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

Posted by South Brooklyn Railway on Mon Aug 13 19:14:17 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by E Line Fan on Mon Aug 13 19:12:46 2007.

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Thats what I wanna know.

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

Posted by E Line Fan on Mon Aug 13 19:26:56 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Kevin from Midwood on Mon Aug 13 11:53:26 2007.

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That isn't F Line Bagels in the pic, is it?

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

Posted by GP38/R42 Chris on Mon Aug 13 19:37:50 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by E Line Fan on Mon Aug 13 19:26:56 2007.

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No, F Line Bagels is along the South Broolyn IND.

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

Posted by Dan Lawrence on Mon Aug 13 19:44:52 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by South Brooklyn Railway on Mon Aug 13 19:14:17 2007.

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BIE!!!

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

Posted by BIE on Mon Aug 13 19:56:37 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Dan Lawrence on Mon Aug 13 19:44:52 2007.

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Nope. Here is the first response to thisthread in over 2 years:

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Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else
Posted by Kevin from Midwood on Mon Aug 13 11:53:26 2007, in response to MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by heypaul on Mon Mar 14 06:09:42 2005.

Will history repeat itself?

My first 2007 Response to this thread came at Mon Aug 13 15:08:14 2007 as post# 475965


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

Posted by Broadway Lion on Mon Aug 13 22:15:24 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by South Brooklyn Railway on Mon Aug 13 19:14:17 2007.

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Because a NEW Bagel Shop just opened in Brooklyn, called "The (N) Train Deli" That post was located here in case you missed it.

ROAR

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

Posted by GP38/R42 Chris on Mon Aug 13 22:20:25 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Chris R16/R2730 on Mon Aug 13 12:08:52 2007.

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And how could it be missed anyway right next to the station entrance.

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

Posted by Osmosis Jones on Mon Aug 13 22:24:17 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by GP38/R42 Chris on Mon Aug 13 19:37:50 2007.

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Well, now it's ( ) Line Bagels.

-O.J.


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

Posted by SMAZ on Tue Aug 14 03:45:57 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Mark S. Feinman on Tue Mar 15 13:32:21 2005.

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I was once at Fort Riley for a few weeks which is very close to Manhattan.

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

Posted by SMAZ on Tue Aug 14 04:20:52 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by SMAZ on Tue Aug 14 03:45:57 2007.

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I just realized that this is a two year old post I just responded to.
My bad.

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

Posted by Eric B on Tue Aug 14 10:49:42 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Chris R16/R2730 on Mon Aug 13 12:23:15 2007.

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I wonder if the difference might be that the font of the N is different enough that it doesn't look like the N bullet despite the color.

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

Posted by SUBWAYSURF on Tue Aug 14 11:00:11 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Eric B on Tue Aug 14 10:49:42 2007.

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I had the same thought.

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

Posted by Broadway Lion on Tue Aug 14 11:25:14 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Eric B on Tue Aug 14 10:49:42 2007.

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Or maybe the licensed it from the MTA in advance.

ROAR

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

Posted by AMoreira81 on Tue Aug 14 11:42:47 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Chris R16/R2730 on Mon Aug 13 12:23:15 2007.

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However, it depends on how a judge might see it. The defense might be that these are service marks, and not TRADE marks...there is a BIG difference, and one could demand to see the registations of the subway symbols in the US Patent and Trademark Office.

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

Posted by AMoreira81 on Tue Aug 14 11:43:44 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Chris R16/R2730 on Mon Aug 13 15:47:44 2007.

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However, the lawyers could aruge technicalities if the MTA never bothered to register the symbols as trademarks...take chances with a jury trial.

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

Posted by AMoreira81 on Tue Aug 14 11:45:31 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by JohnL on Mon Aug 13 15:26:21 2007.

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However, the question is: Is it intellectual property to begin with? For instance, the shop's lawyers could demand to see the registrations of the trademarks with the US Patent and Trademark Office, and use that technicality against the MTA.

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

Posted by AMoreira81 on Tue Aug 14 11:47:29 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by R30A on Mon Aug 13 12:10:32 2007.

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Agreed here. The MTA is failing to realize the small but crucial difference between a TRADEMARK and a SERVICE MARK. The lawyers for the shop could claim that these are service marks if they were never registered as trademarks with the federal government...and thus refuse to settle. If the shop can get the right lawyers, I think the shop could win the lawsuit.

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

Posted by AMoreira81 on Tue Aug 14 11:48:51 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Kevin from Midwood on Mon Aug 13 11:53:26 2007.

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I say here, that the result of THIS case will determine what happens. If the MTA wins the case, it could demand royalties. But if it LOSES the case, then it has no case for more lawsuits related to subway symbols.

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

Posted by AMoreira81 on Tue Aug 14 11:50:04 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Chris R16/R2730 on Mon Aug 13 12:08:52 2007.

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Not if the MTA loses this suit. But that depends on how good the lawyers for the bagel shop are...it could go either way.

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

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.

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

Posted by jrf2 on Tue Aug 14 12:42:11 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Kevin from Midwood on Tue Aug 14 12:11:27 2007.

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I don't know if they trademark the letters as such. What about the Green line in Boston ("A', "B", "C", "D", and "E")?

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

Posted by AMoreira81 on Tue Aug 14 12:54:08 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by jrf2 on Tue Aug 14 12:42:11 2007.

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However, each of those services doesn't actually have a letter in a colored circle.

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

Posted by Spider-Pig on Wed Aug 15 04:22:38 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by BIE on Mon Aug 13 16:24:01 2007.

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IAWTP

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

Posted by Spider-Pig on Wed Aug 15 04:41:04 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by South Brooklyn Railway on Mon Aug 13 19:14:17 2007.

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Haven't any of you people heard of VIEW FLAT?

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

Posted by Terrapin Station on Wed Aug 15 06:35:04 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Spider-Pig on Wed Aug 15 04:41:04 2007.

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Very sad :(

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

Posted by SUBWAYSURF on Wed Aug 15 06:40:04 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Spider-Pig on Wed Aug 15 04:41:04 2007.

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I have and I don't like it.

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

Posted by Terrapin Station on Wed Aug 15 06:41:47 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by SUBWAYSURF on Wed Aug 15 06:40:04 2007.

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Haha, it's not an issue of liking it. It's the issue of using it to achieve the specific goal mentioned in the subthread.

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

Posted by BrooklynBus on Wed Aug 15 10:17:02 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by JohnL on Mon Aug 13 15:26:21 2007.

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I thought all of them were not trademarked. Is the N trademarked?

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

Posted by BrooklynBus on Wed Aug 15 10:22:52 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by AMoreira81 on Tue Aug 14 11:48:51 2007.

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Not necessarily, since they changed the font from Arial to Britannica.

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

Posted by Broadway Lion on Wed Aug 15 11:52:46 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by BIE on Mon Aug 13 16:24:01 2007.

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No Corporate Nazis needed.

It was a thing propagated by those LIBERAL LEFTISTS who wanted the USA to conform to the laws of the rest of the world.

ROAR

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

Posted by BIE on Wed Aug 15 11:55:54 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Broadway Lion on Wed Aug 15 11:52:46 2007.

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Berne Convention.

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

Posted by Broadway Lion on Wed Aug 15 12:09:38 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Broadway Lion on Wed Aug 15 11:52:46 2007.

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So! You knew that!
So where did the Corporate Nazis come from?

ROAR

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

Posted by RonInBayside on Wed Aug 15 12:54:18 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Broadway Lion on Wed Aug 15 12:09:38 2007.

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Do these include Limited Liability Nazis, Limited Partnership Nazis, Mutual Company Nazis and Investment Trust Nazis?

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

Posted by BIE on Wed Aug 15 12:58:45 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by RonInBayside on Wed Aug 15 12:54:18 2007.

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8-)

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

Posted by AMoreira81 on Wed Aug 15 15:40:21 2007, 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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If the bullets are copyrighted, then it appears pretty open and shut...that is, IF the store started using it AFTER the MTA's copyright became official. If the store used it BEFORE the copyrights were secured by the MTA, then the store can move to quash.

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

Posted by GP38/R42 Chris on Wed Aug 15 16:04:53 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by SUBWAYSURF on Wed Aug 15 06:40:04 2007.

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You dont have to like it or ever use it, but it's the easiest way to figure out the answer to his question in this particular case.

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

Posted by Fred G on Wed Aug 15 18:32:40 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Spider-Pig on Wed Aug 15 04:41:04 2007.

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I thought it said view FAT and I didn't wanna look at dat shit yo.

your pal,
Fred

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

Posted by Spider-Pig on Sat Aug 18 05:16:06 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Fred G on Wed Aug 15 18:32:40 2007.

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I see. I prefer NTFS.

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

Posted by Spider-Pig on Sat Aug 18 05:20:30 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Broadway Lion on Wed Aug 15 11:52:46 2007.

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That explains the 1976 Copyright Act, but it does not explain the utterly useless Copyright Term Extension Act of 1998, which was a gimme to the leeches at RIAA and MPAA.

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

Posted by Broadway Lion on Sat Aug 18 10:32:34 2007, in response to Re: MTA Demands Slice of the Action at Brooklyn Bagel Shop or Else, posted by Spider-Pig on Sat Aug 18 05:16:06 2007.

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eh?

Whats wrong with HFS?

ROAR

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