NY Port Authority Claims To Own The NYC Skyline: Tells Store To Destroy Skyline-Themed Plates
from the your-bullying-is-of-great-concern dept
What is it with insane NY-related bureaucrats and their attempts to “own” things? In the past, we’ve covered how New York State is a pretty big trademark bully over the “I ♥ NY” phrase, and did you know that the Metropolitan Transit Authority (MTA) claims ownership over the phrase “If you see something, say something”? And, now, we find out that the controversy-ridden Port Authority of NY and NJ appears to be claiming ownership of the NYC skyline. No joke. It apparently sent a cease-and-desist letter to Fishs Eddy, a housewares store in Manhattan that is selling some city themed dishes.
In a letter to Fishs Eddy dated July 24, Veronica Rodriguez, a lawyer for the authority, asked the store to stop selling anything with these ?assets? on them, and to ?destroy all materials, documents and other items bearing the assets.?
?Your use of the Port Authority?s assets on dinnerware and other items is of great concern to the Port Authority,? she wrote.
Yes, and your use of stupid bullying tactics over people celebrating your city is of great concern to pretty much everyone else. What sort of life must you lead to spend your work life looking for people to bully for daring to sell merchandise that celebrates the city you technically work for?
Filed Under: intellectual property, new york city, nyc, ownership, port authority, skyline
Companies: fishs eddy
Comments on “NY Port Authority Claims To Own The NYC Skyline: Tells Store To Destroy Skyline-Themed Plates”
Proper response...
Go jump in the Hudson.
Re: Proper response...
Isn’t the Hudson already full of shit?
Another inbox mistake?
Because I can hear Ken’s reply in my head, and it’s HILARIOUS! 😉
Speaking as a Brit ...
Britannia rules the waves and those plates show waves, so not only are they infringing on the port authorities rights but should be paying large sums to the UK treasury!
Now who’s gonna claim the rights to the sky …
Re: Speaking as a Brit ...
I Do, i own the sky. DUH.
Re: Speaking as a Brit ...
Why, some already attempted to sell land plots on the Moon 🙂 With the same level of success, the Port Authority can claim they prohibit using images of the Martian canals, because they are called canals…
Re: Speaking as a Brit ...
“Now who’s gonna claim the rights to the sky “
Rupert Murdoch has the trademark already…
i got dibs on the moon.
This should make short work of the lawsuit.
Re: Re:
No lawsuit, just a government official using the color of authority to “ask” for the destruction of private property.
“The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.”
17 USC 120(a)
Re: Re:
It’s not copyright they are claiming.
Erica Dumas, a spokeswoman for the authority, said that similar trademark enforcement efforts had been undertaken and that Fishs Eddy was not being singled out.
Re: Re: Re:
I do not see how this can possibly be a colorable trademark claim, either. Even if it were, I fail to see how the NY Port Authority would have standing to enforce it.
Re: Re:
Profiting on said graphic reproductions is not mentioned?
Personally, I think its about the most counter-productive thing for the city to do. They spend millions on promoting the city, one would think they would welcome such activity.
Re: Re: Re:
They do welcome such activity, as long as it’s purchased from the port authority gift shop.
Re: Re:
I think Chris-Mouse already pointed that out by linking to the section of the Copyright Act 1976 that you just quoted.
Re: Response to: Anonymous Coward on Jul 31st, 2014 @ 9:30am
which doesn’t matter anyway since as a public entity, he owns them.
perhaps some plates with her being escorted out the building would be welcome?
anyway, what has the outcome been? are the plates still on sale or has the fear of crap been put into them??
Ok, who can take an image of the NY skyline and remove all of the buildings “owned” by the Port Authority?
Wait, don’t the tax payers own those buildings?
Anyway, this would be a great Garfield minus Garfield moment to get a skyline without the Port Authority.
Re: Re:
the serfs do not own anything in the eyes of the “self perceived elite”
Response
Please refer to 17 USC 120(a) then to the response given in Arkell vs. Pressdram.
This is something
The phrase “if you see something, say something” should be borrowed by the community on the lookout for over-zealous IP ownership claims and become a standard tool of the trade.
Trademark this…
I ????
NY
Re: Trademark this…
I always liked “I H8 NY” — maybe I can trademark that?
Re: Re: Trademark this…
Do they have a trademark on
I ???? NYC or just I ???? NY
What's the commerce angle?
They are selling dinnerware, which is part of their primary commerce.
The port authority sells what? other than “renting out” corrupt politicians and law makers as part of their primary revenue source for their commerce… and giving contracts to “favored sons”…
So.. I don’t see the confusion in buying a dinner plate vs buying a corrupt politician or major contract … Even our favorite moron-in-a-hurry can tell the difference…
At least a dinner plate can be used and then cleaned… /sarc
Re: What's the commerce angle?
If the Port Authority has an “eat a bowl of dicks” list, there may be a little overlap.
Re: What's the commerce angle?
LOL!
So, someone dishes it out and they CAN take it too.
I wonder if York, England will sue New York?
Here is what the real issue is:
“Ms. Rodriguez wrote that Fishs Eddy ceramic ware “interferes with the Port Authority’s control of its own reputation.”
And it isnt the first time that groups have tried this with Fishs:
“Ms. Gaines faced a similar challenge to “212” in 1998, when Tishman Speyer Properties and the Travelers Group, owners of the Chrysler Building, demanded that she remove their landmark from the skyline and promptly destroy all remaining inventory.”
Personally, I would tell them all to jump off the Brooklyn Bridge.
Re: Re:
“interferes with the Port Authority’s control of its own reputation.”
If they have been in control of their own reputation, why does it suck so bad?
Re: Re:
…no-one is ever in control over their own reputation. Reputation isn’t the sole province of any one particular being. It has to do with how Party A sees Party B. There’s no way Party B can exclude Party from the equation.
If anyone was in control over their own reputation, then each person would be able to declare “I’m a great person” and sue everyone else the instant anyone said otherwise.
Re: Re: Re:
I’ve been waiting for people to start claiming that “reputation” is a form of “intellectual property”. Maybe it’s not that far off.
Re: Re: Re: Re:
Reputation has been a form of intellectual property for centuries, as trademark law.
Re: Re: Re:2 Re:
Trademark law is about consumer confusion, not reputation.
Re: Re: Re:3 Re:
Ordinarily, yes. However, with the way trademark law has been abused over the past few decades…
Example: “That person can’t sell parody versions of our products for dogs, we have tradematrks!”
Re: Re: Re:3 Re:
Supposedly, but that’s not how it has been treated in practice for a while now.
Re: Re: Re:2 Re:
Reputation is an externally-seated trait. You can’t possibly control reputation unless we’re living in a science fiction reality where you can hack other people’s minds. You can certainly attempt to influence your reputation in the minds of others, but control is not possible.
Re: Re: Re:2 Re:
Are you serious? Trademark law has nothing to do with reputation.
Re: Re: Re:
no-one is ever in control over their own reputation
Not acting like an asshole seems to work for most people.
Re: Re:
Sorry, the Brooklyn Bridge is not a Port Authority Property. They’ll have to jump off of the GWB…
email Veronica
Here is a place to send her an email with your thoughts:
http://www.avvo.com/attorneys/10003-ny-veronica-rodriguez-3811307/contact.html
I’m sure she would like hearing from everyone with an opinion on her (and the Port Authority’s) bullying attitude.
My reply
“No.”
Ball is in your court.
What, they own “If you see something..”?
Oh, wait, I was thinking of “Don’t suspect your neighbor, turn them in!”. From Brazil. A movie. Over-the-top fiction, at the time. It’s now must less engaging because it looks like regular life.
If you see something, say something
So if the MTA owns “If you see something, say something”, does that not mean that I could be violating their IP rights by actually saying something if I see something?
Thank goodness you have made me aware. I could have potentially made the mistake of seeing something and then violating their rights by telling someone about an impending disaster. You really have to do the math, on one hand you have the lives of hundreds of people on a subway and on the other hand, you have the 172% of Americans (based on their numbers) who rely on IP protection for their livelihood.
those looks nice
i wonder if they will ship to norway 😀
Does the authority hire educated lawyers?
Or they hire those with racketeer background? One can’t own a skyline.
how dare you make prints of public property that is in plain view of millions of people on some bits of ceramic!!! HOW DARE YOU SIR
Re: Re:
1) Take picture of something iconic
2) Transfer picture to ceramic disk
There – now at least the obvious steps are documented.
OMG
If there’s one thing worse than liberalism run amock, it’s insane copyright maximalist liberals!
EVERYTHING IS MINE!
/orangelantern
reputation? oh yah!
It seems that their reputation has now been defined for posterity. They are delusional idiots, there can be no more controversy on that matter any longer.
In a letter to Fishs Eddy dated July 24, Veronica Rodriguez, a lawyer for the authority, asked the store to stop selling anything with these "assets" on them, and to "destroy all materials, documents and other items bearing the assets."
"Your use of the Port Authority’s assets on dinnerware and other items is of great concern to the Port Authority," she wrote.
Is Ms Rodriguez even serious? How is this even helping tourism to NY with this kind of thing going on?
Ok, here’s another solution: edit the skyline to eliminate those assets and reprint the skyline without them. There must be far more attractive buildings behind these assets that are probably more worth looking at.
Oh, and here’s another question: Is the port authority a government department / institution? If so, then the average Joe Citizen owns them by virtue of having paid taxes.
Re: Re:
Better yet, replace all the Port Authority buildings on the skyline with dicks. Then advertise your dishes as “bowls of dicks”.
you can't take the sky from me
Ballad of Serenity
lyrics and music by Joss Whedon
sung by Sonny Rhodes
take my love
take my land
take me where I cannot stand
I don’t care
I’m still free
you can’t take the sky from me
I’m so glad I don’t live in that area anymore. Those people are disgusting. Tired of dealing with them.
BTW does the store have a website?
I ???? PANYNJ
All I have to say to the Port Authority of NY and NJ is
I ???? PANYNJ
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