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

Thu, Jul 31st 2014 9:13am — Mike Masnick

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.

According to the Port Authority, Fishs Eddy can't do that, because, dammit, only the Port Authority owns some of those buildings and bridges.

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?

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Filed Under: intellectual property, new york city, nyc, ownership, port authority, skyline
Companies: fishs eddy

64 Comments

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Anonymous Coward, 31 Jul 2014 @ 9:18am

Proper response...
Go jump in the Hudson.
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pegr, 31 Jul 2014 @ 9:19am

Another inbox mistake?
Because I can hear Ken's reply in my head, and it's HILARIOUS! ;)
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Jeff Green (profile), 31 Jul 2014 @ 9:20am

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 ...
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Anonymous Coward, 31 Jul 2014 @ 9:25am

i got dibs on the moon.
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Chris-Mouse (profile), 31 Jul 2014 @ 9:29am

This should make short work of the lawsuit.
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Anonymous Coward, 31 Jul 2014 @ 9:30am

"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)
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Anonymous Coward, 31 Jul 2014 @ 9:34am

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??
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Anonymous Coward, 31 Jul 2014 @ 9:35am

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.
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Michael, 31 Jul 2014 @ 9:38am

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.
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Anon, 31 Jul 2014 @ 9:40am

Response
Please refer to 17 USC 120(a) then to the response given in Arkell vs. Pressdram.
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Anonymous Coward, 31 Jul 2014 @ 9:40am

Re:
No lawsuit, just a government official using the color of authority to "ask" for the destruction of private property.
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Danny (profile), 31 Jul 2014 @ 9:44am

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.
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Anonymous Coward, 31 Jul 2014 @ 9:44am

Re: Speaking as a Brit ...
I Do, i own the sky. DUH.
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Gumnos (profile), 31 Jul 2014 @ 9:47am

Trademark this…
I 🔩
NY
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TheResidentSkeptic (profile), 31 Jul 2014 @ 9:48am

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
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justok (profile), 31 Jul 2014 @ 9:49am

So, someone dishes it out and they CAN take it too.
I wonder if York, England will sue New York?
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Casey, 31 Jul 2014 @ 9:52am

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.
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SolkeshNaranek (profile), 31 Jul 2014 @ 9:52am

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.
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Michael, 31 Jul 2014 @ 9:55am

Re: What's the commerce angle?
If the Port Authority has an "eat a bowl of dicks" list, there may be a little overlap.
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Michael, 31 Jul 2014 @ 9:57am

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?
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Alt0, 31 Jul 2014 @ 9:58am

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.
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Anonymous Coward, 31 Jul 2014 @ 9:58am

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.
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Rikuo (profile), 31 Jul 2014 @ 10:09am

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.
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John Fenderson (profile), 31 Jul 2014 @ 10:12am

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.
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jupiterkansas (profile), 31 Jul 2014 @ 10:17am

Re: Re:
They do welcome such activity, as long as it's purchased from the port authority gift shop.
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Trails (profile), 31 Jul 2014 @ 10:21am

Re: Proper response...
Isn't the Hudson already full of shit?
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Anonymous Coward, 31 Jul 2014 @ 10:27am

Re: Re: Re:
Reputation has been a form of intellectual property for centuries, as trademark law.
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OldMugwump (profile), 31 Jul 2014 @ 10:29am

My reply
"No."

Ball is in your court.
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DB (profile), 31 Jul 2014 @ 10:32am

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.
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Michael, 31 Jul 2014 @ 10:39am

Re: Re:
no-one is ever in control over their own reputation

Not acting like an asshole seems to work for most people.
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Michael, 31 Jul 2014 @ 10:44am

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.
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John Fenderson (profile), 31 Jul 2014 @ 10:46am

Re: Re: Re: Re:
Trademark law is about consumer confusion, not reputation.
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Padpaw (profile), 31 Jul 2014 @ 10:57am

Re:
the serfs do not own anything in the eyes of the "self perceived elite"
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sneaking.ninja, 31 Jul 2014 @ 10:57am

those looks nice
i wonder if they will ship to norway :D
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Shmerl, 31 Jul 2014 @ 11:05am

Does the authority hire educated lawyers?
Or they hire those with racketeer background? One can't own a skyline.
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Shmerl, 31 Jul 2014 @ 11:10am

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...
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Bt Garner (profile), 31 Jul 2014 @ 11:26am

Re: Trademark this…
I always liked "I H8 NY" -- maybe I can trademark that?
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Anonymous Coward, 31 Jul 2014 @ 11:48am

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
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Michael, 31 Jul 2014 @ 12:06pm

Re:
1) Take picture of something iconic
2) Transfer picture to ceramic disk

There - now at least the obvious steps are documented.
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Jasmine Charter, 31 Jul 2014 @ 12:38pm

OMG
If there's one thing worse than liberalism run amock, it's insane copyright maximalist liberals!
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Anonymous Coward, 31 Jul 2014 @ 12:47pm

EVERYTHING IS MINE!
/orangelantern
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Anonymous Coward, 31 Jul 2014 @ 2:17pm

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.
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Anonymous Coward, 31 Jul 2014 @ 3:21pm

Re:
Sorry, the Brooklyn Bridge is not a Port Authority Property. They'll have to jump off of the GWB...
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Anonymous Coward, 31 Jul 2014 @ 4:25pm

Re: Re: Re: 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.
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JMT (profile), 31 Jul 2014 @ 5:28pm

Re: Re: Re: Re:
Are you serious? Trademark law has nothing to do with reputation.
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Sheogorath (profile), 31 Jul 2014 @ 10:25pm

Re:
I think Chris-Mouse already pointed that out by linking to the section of the Copyright Act 1976 that you just quoted.
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Sheogorath (profile), 31 Jul 2014 @ 10:28pm

Re: What's the commerce angle?
LOL!
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Sheogorath (profile), 31 Jul 2014 @ 10:31pm

Re: Re: Re: Re: 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!"
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Kyle, 31 Jul 2014 @ 10:34pm

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.
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PaulT (profile), 1 Aug 2014 @ 1:14am

Re: Speaking as a Brit ...
"Now who's gonna claim the rights to the sky "

Rupert Murdoch has the trademark already...
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JustMe (profile), 1 Aug 2014 @ 8:24am

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
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DBM, 1 Aug 2014 @ 5:41pm

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?
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Anonymous Coward, 2 Aug 2014 @ 4:23pm

I 💔 PANYNJ
All I have to say to the Port Authority of NY and NJ is

I 💔 PANYNJ
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Anonymous Coward, 2 Aug 2014 @ 4:30pm

Re: Re: Trademark this…
Do they have a trademark on

I 💗 NYC or just I 💗 NY
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Keisar Betancourt (profile), 2 Aug 2014 @ 10:47pm

Response to: Anonymous Coward on Jul 31st, 2014 @ 9:30am
which doesn't matter anyway since as a public entity, he owns them.
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Anonymous Coward, 4 Aug 2014 @ 5:07am

Re: Re: Re: Re: Re:
Supposedly, but that's not how it has been treated in practice for a while now.
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Zonker, 4 Aug 2014 @ 1:06pm

Re:
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.
Better yet, replace all the Port Authority buildings on the skyline with dicks. Then advertise your dishes as "bowls of dicks".
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