Last five fines and settlements for unauthorized use of I ♥ NY logo
| Submitted | Nov. 14, 2013 |
| Est. Completion | None |
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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 of the last five fine payments Empire State Development has received from persons or organizations unlawfully using the I ♥ NY logo and records of the last five settlement payments Empire State Development has received from persons or organizations unlawfully using the I ♥ NY logo.
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
Mr. Sampson,
We are in receipt of your FOIL request for "Records of the last five fine payments Empire State Development has received from persons or organizations unlawfully using the I ♥ NY logo and records of the last five settlement payments Empire State Development has received from persons or organizations unlawfully using the I ♥ NY logo."
We are processing your request and expect to have a response on or before December 20, 2013.
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 Nov. 14, 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
As I noted in my November 21, 2013 email to you, we are processing your request and expect to have a response on or before December 20, 2013.
From: Chung, Jennifer
Dear Mr. Sampson,
We respond to your FOIL request dated November 14, 2013 for “Records of the last five fine payments Empire State Development has received from persons or organizations unlawfully using the I ♥ NY logo and records of the last five settlement payments Empire State Development has received from persons or organizations unlawfully using the I ♥ NY logo."
The Department views detailed information and records about any particular settlement agreement 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 from the last five payments 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. The value of the last five payments received is $6,611.
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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