When I first came up with the idea to begin this blog in November of 2006, I brainstormed a name that I could spell with subway bullets. I wanted to relate the name of the blog to the subway and express that through an easily recognizable image. The current name and above banner were the end result of my brainstorming.
At the time, I didn’t realize that the MTA had trademarked the subway bullets and that I had run afoul of their trademark. Nearly 20 months after starting this site, I received a letter — in the form of a comment on a post that was at the time three weeks old — from the MTA’s Senior Associate Coounsel (sic), as he spelled it. In the initial letter, Lester Freundlich told me that I couldn’t use the image of the MetroCard in a blog post reporting on a MetroCard and that I couldn’t use the subway map. He didn’t even complain about my using the subway bullets; that issue came up later on.
Eventually, I worked out the issue with the MTA’s Marketing and Advertising department. I had to change the image, as you can see from the current one evocative of the Massimo Vignelli-designed subway signs, and I had to add a disclaimer to the site. As the use of the MetroCard image was a fair use, I was in the clear. All’s well that ended well for me.
I’m not the only person though that Lester Freundlich and the MTA legal department has contacted over the last few months. Two stories — one involving a Metro-North blogger and his iPhone application and one involving someone in San Francisco — raise some serious questions about how the MTA enforces its intellectual property rights and how prepared the MTA is for a digital world.
StationStops and an iPhone Application
Chris Schoenfeld is a Metro-North commuter and a web programmer. (Disclaimer: He’s also one of my advertisers.) In 2006, he started the Metro-North blog Station Stops, and in 2007, he wrote an application with the Metro-North schedule data. The MTA hasn’t yet figured out the digital world, and Schoenfeld’s application filled an obvious niche.
Over the years, Schoenfeld had, as I did, ran afoul of some of the MTA’s intellectual property rights. He had employed some copyrighted images of MTA property. At each turn, he removed them as requested.
In August, the MTA stepped up its campaign against Schoenfeld. In its original dealings with Schoenfeld, the MTA claimed that Station Stops was presenting itself as an official MTA site. That claim is, quite frankly, laughable. Schoenfeld’s site doesn’t resemble an MTA site, and it’s clearly a journalistic blog. A few days later, they seemingly dropped this complain but ordered him to cease selling the iPhone application. This charge rested on the claim that the MTA owns the copyright to the schedule data and that Schoenfeld’s use of the data violates that copyright.