NYTimes Threatens NYTClean Bookmarklet Maker With Bogus Trademark Claim
from the uh,-that's-not-how-trademark-works dept
I am writing concerning your ?NYTClean? bookmarklet, posted at http://euri.ca/2011/03/21/get-around-new-york-times-20-article-limit/.
As you obviously know, The New York Times Company has used its ?The New York Times? trademark since at least as early as 1851 and today offers numerous products and services under its famous ?The New York Times? trademark, including its online version of The New York Times at the URL NYTimes.com, and various blogs and electronic media products. NYTCo?s NYTimes.com website receives over 15,000,000 unique visitors each month. NYTCo owns numerous registrations for its ?The New York Times? trademark in the U.S. Patent and Trademark Office and Canadian Trade-Marks Office and these trademarks are among the company?s most valuable assets.
We object to your use of our famous “NYT” trademark in connection with your application and your promotion thereof, which constitutes trademark dilution and trademark infringement under U.S. and Canadian trademark law.
Accordingly, we ask that you immediately cease use of the “NYT” trademark in connection with this application. This email is without prejudice to any action that may be necessary to protect the valuable rights of NYTCo in its intellectual property.
This is trademark abuse. There is no confusion here. No one using the NYTClean bookmarklet thinks that it’s endorsed by the NY Times. No moron in a hurry is going to be confused into believing it’s a product of the NY Times. The trademark that the company has on the NY Times does not give the company total control over NYT. It only allows them to stop situations where there is clear confusion or dilution, neither of which are likely here. This is just a form of trademark bullying.
Filed Under: nytclean, paywall, trademark
Companies: ny times
Comments on “NYTimes Threatens NYTClean Bookmarklet Maker With Bogus Trademark Claim”
Just search for “Formerly NYTClean”
I'm not totally sure it's clear cut.
I think the action was unwarranted, but let’s say I’m a moron. Let’s say I’m in a hurry. Let’s say I see an article title about “New York Times Clean.” I can see myself thinking, oh, they’re putting out a “clean” version now? If I’m a na?ve moron in a hurry, I might just want that. Oh! Maybe that’s what they could have done with the 40 mil! A bookmarklet that edits out all of the unhappy news from every story! See, that’s a potential product, so they clearly needed to defend their mark.
Told ya that most of that $40 million was for lawyers.
I NYT noticed that you NYT kept using NYT in your NYT post.
How many NYT times do you NYT think you can use NYT on your site before NYT sends you an NYT cease and NYT desist, NYT trademark dilution NYT nastygram?
I disagree with you on this one, Mike. It would seem entirely plausible that a program with NYT in the title that is devised to work on the NYT website, would imply to many to be an NYT authorized program. It really isn’t that far fetched to think so IMHO.
Look, a feed of links to the Now Yerk Tames:
Moron in a Hurry
I think I got it. They only hire morons and make them hurry in the legal department. Everything is infringement for the rushed Morons. Of course how you get through law school and pass the bar with an IQ of 70 to 80 is another matter.
I always thought NYT stood for New York Twits.
Seems I was not mistaken
Come on, we all know this has nothing to do with trademark and everything to do with fattening that big ol’ check the lawyers intend on getting from the NYT.
NYTCo is just the company name. It had nothing to do with the Trademark ‘The New York Times’ NYT is not the trademark and I would have let them know that. Bullies! They sound like bullies and besides they’re from New York and like who gives a damn about New York. The socialist state. Right next to Washington DC and the other socialist Wazoos. I won’t even go to New York! What a nightmare place.
But there’s no question he wrote it on his lunch break. I took a look at the code, and it’s really basic, script-kiddie stuff. There must be dozens of ways to get around the paywall.
By the way, you missed the best part of the article:
call it “PRSFTTONY”..paywall removal system for the times of new york!