Over Protected State Logo
Photo: Ashley Gilbertson for The New York Times
A Cup Is at the Heart of a Trademark Dispute.
I was sad to read a news story in the NY Times about the State of NY harassing a small business owner even after they removed the logo in question from everything, which can be a very costly endeavor. Frankly, I don’t feel the “I [coffee] NY” tattooed on knuckles bears enough resemblance to Milton Glaser’s iconic I ♥ NY.
According to the article, “Everyman Espresso’s unauthorized and confusingly similar use of the I ♥ NY® logo” violated federal trademark law and implied “a misleading designation of source, origin, endorsement, sponsorship or approval by the New York State Department of Economic Development of your merchandise.”
Stop the French presses.
Down came the logo from Everyman’s Web site. Down to the basement went the mugs and T-shirts and onesies emblazoned with it. Out went the letter from Everyman’s lawyer, promising, “My client shall cease all use of its mark.”
Orignal I love NY campaign – designed by Milton Glaser
Mr. Penix and his partner Jay Terrana hoped that would be enough. It was not.
Back came the reply from a lawyer for CMG Worldwide, the agency that is kept very busy protecting the trademark of the state’s iconic, oft-ripped-off “I ♥ NY” mark.
“We expect that any entity that infringes on the rights of our client compensate it for unauthorized use,” the lawyer, Clare Neumann, wrote on May 20, requesting “an accounting of all gross revenues generated during the period when the I ♥ NY® Trademark was used” to help her set the appropriate penalty.
That, in coffee parlance, has left a bitter taste in Mr. Penix’s mouth.
“Basically, it’s extortion,” he said. “It’s also ironic because we are being threatened by the entity that has vowed to grow our New York business.”
Should NY State be allowed to bully small businesses to own icons and letters? and what can we do about it?
The conversation begins here.
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added 10/8/13
from Milton Glaser’s official website
Apparently if you are a corporate partner with New York State you can buy into the I ♥ NY Brand. hmmm. so that’s how it works.
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THIS JUST IN…. another case
ALBANY – The federal government docked New York $14 million on Thursday for installing more than 500 I Love NY signs that violate road rules and state law.
The penalty imposed by the Federal Highway Administration is its strongest move yet to try to force the removal of the blue-and-white highway signs, which Gov. Andrew Cuomo’s administration spent $8.1 million installing in recent years despite being ordered not to in 2013.
Feb. 2 update: I Love NY signs to come down by summer to avoid $14M fine
FHWA acting Administrator Brandye Hendrickson outlined the penalty in a letter Thursday to transportation officials in Cuomo’s administration, giving them until Sept. 30 to remove the signs or reach a compromise.
The $14 million will be restored if the state meets the deadline, Hendrickson wrote.
“Because of the installation of more than 500 non-compliant signs and repeated notification to remove these installations, the FHWA will assess initial penalties for non-compliance effective immediately,” wrote Hendrickson, who was appointed by President Donald Trump.
More: New NY highway signs are illegal, feds say
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