NYSE Bullish On Trademark Claim

hanks to my friend Dan Lally for sending this piece my way. Apparently, the New York Stock Exchange is claiming a trademark interest in photos of the trading floor. And it is apparently demanding that the news Web site TPM not use any such photos in any reporting on the Stock Exchange. Let’s be clear about this. This is not a copyright claim. If whoever snapped the picture took issue with TPM’s use of it, that’s one thing. But that’s not the issue here. The NYSE is apparently claiming that the trading floor itself – even if it doesn’t say NYSE anywhere – is a “brand.” Well, okay. Maybe. But trademark protection only applies to a commercial use of the mark, not news coverage. So McDonald’s could probably stop Manny’s Burger Joint from offering a “Big Mac” on its menu, but it can’t stop me from writing a blog post about it. My blog is not “commercial.” And neither is TPM. But TPM is not taking this lying down. They are running a contest, which they describe as:

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 ‘You tell us! We’ll publish the best entries. Glory abounding for the best contest entry.Who knows, maybe NYSE will claim a trademark on these furry creatures:

You never know.