[A2k] NYSE Tries to Body Slam TPM

Manon Ress manon.ress at keionline.org
Thu May 26 12:51:36 PDT 2011


NYSE Tries to Body Slam TPM!
Josh Marshall | May 26, 2011, 1:50PM

If you're a news editor you'll want to hear this.

The New York Stock Exchange now claims that you have to get their
permission (express or implicit) before you use images connected to
the New York Stock Exchange. So if you find a wire photo of the
trading floor and use it to illustrate a story on Wall Street, you're
violating the NYSE's trademark because they've trademarked the trading
floor itself.

We found this out yesterday when we got a cease and desist letter from
the NYSE based on an article published at TPM back in November. You
can see the letter here.

TPM is represented on Media and IP matters by extremely capable
specialist outside counsel. And we've been advised that the NYSE's
claims are baseless and ridiculous on their face. But this is yet
another example of how many large corporations have given way to
IP-mania, trying to bully smaller companies into submission with inane
and legally specious claims of intellectual property rights.

Well, TPM's small but we have big teeth. And we don't like being
pushed around. So we're again posting the same picture as an
illustration for this post. But really, what's next? Mayor Bloomberg
trademarks his face and the city newspapers have to get his permission
to publish photos of him so not to infringe the Bloomberg face
trademark? Or more likely, the Empire State building trademark's the
image of the Empire State building and demands a fee or bars
photographs of the New York skyline.

We're here in Chelsea at TPM HQ and the NYSE is just a few dozen
blocks away down in the financial district. But no matter what they
throw at us, we're hanging tough.

So in the spirit of the moment I propose a contest. We know that NYSE
now says you need their permission to show photographs of the Exchange
in the context of news coverage. And if I understand their logic you'd
actually need their permission to show a sketch you drew of the
Exchange floor.

So here's the contest, what do you think NYSE's next preposterous
claim of intellectual property rights will be? Can you say the words
'New York Stock Exchange' without their permission? Can you do a line
drawing of the facade of the exchange without running it by the NYSE's

You tell us! We'll publish the best entries. Glory abounding for the
best contest entry.

Manon Anne Ress
Knowledge Ecology International
1621 Connecticut Ave, NW, Suite 500
Washington, DC 20009 USA
manon.ress at keionline.org

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