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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by arnine on Sat Sep 5 07:33:48 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by metropod on Fri Sep 4 23:37:36 2009.

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Hmm, can't seem to prove what you say so you resort to profanity? Just proves you are wrong. But, the MTA will not back off just because of bad press. IIRC leading up to the NYCT strike in 2005, many were saying the MTA should be more reasonable with the union, they did not regardless of the bad press, they take bad press every time a fare hike happens but u do not see them backing off, so why would they back off here if they were right? They wouldn't because here the know THEY ARE WRONG. So again MAN THE F**K UP and admit YOU ARE WRONG! Or, like I said, post something relevant (not the crap you already posted as it was not relevant) or PUT UP OR STFU ALREADY! Oh, if you "studied law" then it should be easy for you to find it, and post it, just make sure it is relevant to the discussion. When you say you "studied the law" were you studying this case only, or took only 1 law class (now thinking u know all)? Because, seriously I doubt you studied the law. Because, if you did you would have already been able to show something relevant.

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(829731)

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Re: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by Terrapin Station on Sat Sep 5 23:28:21 2009, in response to Re: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by metropod on Fri Sep 4 23:30:53 2009.

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False, as I said, they are in the same situation. You claimed they were not and you were WROMG. WRONG WRONG WRONG. Like you are in this whole thread. Go back to the museum and try to be smart there.

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(829732)

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Re: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by Terrapin Station on Sat Sep 5 23:28:35 2009, in response to Re: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by metropod on Fri Sep 4 23:30:53 2009.

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False, as I said, they are in the same situation. You claimed they were not and you were WRONG. WRONG WRONG WRONG. Like you are in this whole thread. Go back to the museum and try to be smart there.

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(829743)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by Terrapin Station on Sat Sep 5 23:49:12 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by arnine on Sat Sep 5 07:33:48 2009.

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(829780)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by AMoreira81 on Sun Sep 6 00:43:33 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by metropod on Fri Sep 4 23:37:36 2009.

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Bad press---or because the MTA would likely not prevail? What they say and what is likely the case are likely incompatible. Don't the trademarks specifically specify the font, color inside the circle, and the color of the circle?

There is also the issue of fair use on which I don't believe the MTA would prevail, and which could be a messy constitutional case for the MTA.

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(829793)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by Terrapin Station on Sun Sep 6 01:19:01 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by AMoreira81 on Sun Sep 6 00:43:33 2009.

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even AMoreira81 is pwning metropod, and AMoreira81 hardly ever pwns ANYONE!!!

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(829824)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by arnine on Sun Sep 6 08:50:09 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by AMoreira81 on Sun Sep 6 00:43:33 2009.

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Exactly. According to TESS the MTA has only trademarked the bullets with color, font, etc. But, Metropod is claiming that they own the trademarks on any bullet regardless of whether they have color, font, etc. This would make the MTA owners of unicode. There have been several posts showing the he is 100% WRONG. Now, he has yet to post anything relevent to show he is right (he did post something, but it wa irrelevant to the discussion), which just shows he is wrong. He claims to have stuidied law, but if he did, wouldn't he have been able to post something credible towards this discussion?

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(829839)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by Terrapin Station on Sun Sep 6 09:36:09 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by arnine on Sun Sep 6 08:50:09 2009.

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exact-o-mungo

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(829840)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by BMTLines on Sun Sep 6 09:37:09 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by arnine on Sun Sep 6 08:50:09 2009.

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Metropod is biased because of his love for the Transit Museum and his "MTA can do no wrong attitude".

Studying law is not always the same as practicing law. Look at the Union Pacific case when they tried to stop someone from producing a UP calendar because it depicted rolling stock with logos on it. The case almost blew their entire licensing program out of the water, which they were trying to enforce against model makers, eventually settling and UP now offers royalty free licenses in perpetuity!

He won't look at the Rock and Roll Hall of Fame case which showed that a trademark has to be consistently used in order to exist. Hence the MTA cannot trademark each and every view taken of the subway, just like RRHF could not call each and every view of its building a trademark. In that case the photographer won in court and RRHF lost a lot more than their ability to control the image of their building - it set precedent.

I may not agree with it but I won't dispute the MTA's right to control its logos and bullets when they are the PRIMARY SUBJECT on a mug, t-shirt, etc.

OTOH I draw the line when they object because the logo and trademark is part of the background of a photograph - they are an inseparable part of the train and removing them makes the picture both editorially and historically incorrect.

Then there is the whole issue of MTA declaring that its data is subject to copyright. This flies directly in the face of rulings that decided that issue in the courts a decade ago.

The MTA's Cease and Desist orders work only because it is the 800 pound gorilla in the room. A start-up artist or railfan who produces a postcard will not have $5,000 spare cash lying around to license the image. Lets do the math - he will most likely sell 25 -50 copies of that postcard on Cafepress or Zazzle at a gross profit of $1 each. Obviously he won't have the resources to go to court or pay the licensing fee!

A wealthy artist or photographer will someday challenge the MTA just like the photographer did in the UP case and they may end up losing it all in which case - PARTAAAAYYYYY at my house - all you can eat and drink till the Redbirds Sing :-D



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(829845)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by Terrapin Station on Sun Sep 6 09:40:26 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by BMTLines on Sun Sep 6 09:37:09 2009.

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sweet.

metropod needs to go back to school.

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(829945)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by arnine on Sun Sep 6 11:58:50 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by BMTLines on Sun Sep 6 09:37:09 2009.

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Exactly I agree 110%.



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(829946)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by arnine on Sun Sep 6 11:59:32 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by BMTLines on Sun Sep 6 09:37:09 2009.

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Exactly I agree 110%.



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(830090)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by BMTLines on Sun Sep 6 15:27:36 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by arnine on Sun Sep 6 11:58:50 2009.

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I am going to post this for sale as a postcard on Cafepress just to see if they let it stand:

mtasucks copy

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(830123)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by arnine on Sun Sep 6 16:33:43 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by BMTLines on Sun Sep 6 15:27:36 2009.

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Good luck be interesting to see how they react. But, I caanot see anything they can object too this card is free speach.

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(830124)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by arnine on Sun Sep 6 16:34:24 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by BMTLines on Sun Sep 6 15:27:36 2009.

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Oh I forgot to mention you may upset a certain poster with this though

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(830126)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by Jackson park B Train on Sun Sep 6 16:36:42 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by BMTLines on Sun Sep 6 15:27:36 2009.

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okay, then

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(830921)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by bmtlines on Tue Sep 8 15:06:43 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by arnine on Sun Sep 6 16:34:24 2009.

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Here we go...

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(830926)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by SelkirkTMO on Tue Sep 8 15:13:30 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by bmtlines on Tue Sep 8 15:06:43 2009.

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BRILLIANT!

Now DO expect a cease and desist letter from the Socialist Worker's Party. :)

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(830990)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by arnine on Tue Sep 8 18:23:47 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by bmtlines on Tue Sep 8 15:06:43 2009.

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Good luck. I hope you win :) Although, let us know if you get a letter from a certain someone.

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(830996)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by BMTLines on Tue Sep 8 18:33:36 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by arnine on Tue Sep 8 18:23:47 2009.

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Since I am not using trademarked material (i.e. logo and route bullet) I don't think they have much to say, after all we still have free speech in this city (I think...). I have seen t-shirts for sale on Cafepress that read "MTA Sucks" and the MTA seems to let that stand. I don't think they want to make this a first amendment case.



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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by arnine on Tue Sep 8 18:41:29 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by BMTLines on Tue Sep 8 18:33:36 2009.

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True. Nah I think your items will stand. I hope u make a bundle :)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by BMTLines on Tue Sep 8 18:47:36 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by arnine on Tue Sep 8 18:41:29 2009.

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Actually I'm not in it for the money - I set my commission at $1 :)

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(831015)

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Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by arnine on Tue Sep 8 19:01:13 2009, in response to Re: UPDATE: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by BMTLines on Tue Sep 8 18:47:36 2009.

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No, I know but $ wouldn't hurt.

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