Compensation for unauthorized uses of 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 am requesting a list of all compensation that the State of New York has received for unauthorized use of the I ♥ NY® logo from January 1, 2012 until the date this request is processed. Please include the parties that paid out this compensation, as well as the amount they paid.
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: 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: Zack Sampson
Hi Jennifer,
Also wanted to make sure you saw this request.
Thank you.
From: Chung, Jennifer
We did not receive this one.
We will begin processing this request.
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,
Please be advised that we are still processing your FOIL request and expect to have an update on or before November 12, 2013.
From: Chung, Jennifer
Dear Mr. Sampson,
We respond to your FOIL request dated October 7, 2013 for “a list of all compensation that the State of New York has received for unauthorized use of the I ♥ NY® logo from January 1, 2012 until the date this request is processed. Please include the parties that paid out this compensation, as well as the amount they paid.”
The Department does not maintain a list detailing every settlement agreement or all of the parties with whom the State has received compensation for the unauthorized use of the family of “I Love NY” trademarks and service marks. In any event, the Department views such detailed information about settlement agreements and compensation amounts to be commercial trade secrets pursuant to section 87, subsection 2, subdivision (d) of FOIL, which, if disclosed, would cause substantial injury to the competitive position of the Department.
However, as a courtesy, we are providing you with the aggregate amount of money the Department has received from its enforcement efforts and settlements related to the unauthorized use of the family of “I Love NY” trademarks and service marks. Our efforts have resulted in gross revenue of $282,499.83 since January 1, 2012. Of that amount, in accordance with our agreement with our licensing agent, CMG Worldwide, the Department has received $196,959.13 to date.
The appeals officer to whom to direct an appeal of any portion of this determination is Maria Cassidy, Deputy General Counsel of New York State Urban Development Corporation d/b/a Empire State Development, 633 Third Avenue, 37th Floor, New York, NY 10017.
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