New York City Wins Trademark Battle Over NYPD Merchandise Sales

A Long Island police-themed store infringed New York City’s trademark rights when it sold clothing and goods with logos bearing the NYPD and FDNY brands, the Eastern District of New York ruled.

The court rejected arguments from Blue Rage, Inc, doing business as The Cop Shop, that the logos weren’t functioning as trademarks, and that the city essentially granted permission when it failed to enforce its trademark rights.

The functionality argument would deny trademark protection to any logo an alleged infringer used to “decorate” merchandise, and then-Mayor Rudy Giuliani didn’t permit The Cop Shop to use the police and fire ...