List of Cease and Desist Letters Regarding the I ♥ NY® logo
| Submitted | Sept. 10, 2013 |
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Communications
From: Zack Sampson
To Whom It May Concern:
Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:
I would like a list of all cease and desist letters sent to people or businesses using the I ♥ NY® logo from January 1, 2012, until the date this request is processed. Please include the dates the letters were sent as well as the names of the parties they were sent to.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Zack Sampson
From: Chung, Jennifer
Dear Mr. Sampson,
We are in receipt of your FOIL request for "a list of all cease and desist letters sent to people or businesses using the I ♥ NY® logo from January 1, 2012, until the date this request is processed." We are currently processing your request.
Jennifer
Jennifer Chung
Assistant Counsel
NYS Department of Economic Development
jchung@esd.ny.gov
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: Chung, Jennifer
Mr. Sampson - your request is still being processed. Please feel free to check in next week. Thank you for your patience.
From: Chung, Jennifer
Dear Mr. Sampson,
Please see the attached document in response to your September 10, 2013 FOIL request for “a list of all cease and desist letters sent to people or businesses using the I ♥ NY® logo from January 1, 2012, until the date this request is processed. Please include the dates the letters were sent as well as the names of the parties they were sent to.”
The NYS Department of Economic Development administers, manages, licenses and enforces its interests in its intellectual property, including the family of I LOVE NY trademarks and service marks. As part of its efforts, the Department, itself or through its agents, will send cease-and-desist letters to individuals and/or entities using the Department’s intellectual property without authorization. The Department, however, does not maintain a separate list of every letter that is sent.
We were able to extract a partial list of matters where the Department sent a cease-and-desist letter for the unauthorized use of the Department’s intellectual property. This document, which is attached, contains the most complete list we have with the information you seek but will not reflect every company that received such a letter since January 1, 2012. Please note that the list does not reflect the dates the letters were sent.
To the extent you view this as a denial of your request, the appeals officer to whom you should direct an appeal of any portion of this determination is Lawrence Jacobs, General Counsel of New York State Urban Development Corporation d/b/a Empire State Development, 633 Third Avenue, 37th Floor, New York, NY 10017.
Please confirm receipt of this email and this document.
From: Zack Sampson
Received. Thank you.
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