The Bitter Way™
Saturday, February 25, 2006
It’s a milestone in one’s blogging career: their first cease and desist letter! Since the higher ups at the TTC seem to not have a sense of humour, I’ve been told to remove the Anagram TTC map:
The TTC has not granted, and expressly denies, permission to you or the Website to reproduce or otherwise use TTC intellectual property in whole or in part. The TTC hereby demands that you immediately cease and desist from using TTC intellectual property on the Website, failing which the TTC will take appropriate legal actions without further notice to you.
This parallels what happened with the original London Tube map. So I’ve been a good citizen and removed the original map. But since this was created out of nothing but affection for the transit system, rather than ruin the fun of good wordplay for everyone, I simply drew my own map of the layout of Toronto’s subway stations and refrained from using the TTC’s logos and trademarks:
Anagram Toronto Subway Map version 2.0 (PDF)
(I deny the TTC, though, to tell me they didn’t get a kick out of the map and didn’t forward it around the office!)
UPDATE: BoingBoing’s Cory Doctorow, who grew up in Toronto, puts it nicely:
“It’s part of every Torontonian’s experience of the city, a part of the cultural fabric. Culture gets remixed—that’s what happens with it. ... The TTC’s legal bullying here is completely needless—they face no risk and no loss from letting their riders turn the map into their own personal remix.”
Thanks, Cory!
UPDATE: Damn the man; download the original: Anagram Toronto Subway Map version 1.0
ana says:
Clever, robot!
I was so inspired I started to try to anagram metro Madrid. But the names are soooo long is taking forever!
Naseem says:
Que lastima! But congrats on the milestone!
Frac says:
As much as I find these sort of scare tactics petty, the corporations involved have little choice. Trademark law is such that if they do not defend their trademark at every oportunity, they risk losing it.
Chive Fan says:
I’m really sad (but not surprised) that once again the TTC has squashed another free, happy, community-based attempt at actually enjoying and having fun with our city’s transit system. Why such a large stick up your corporate asses, guys?
I guess we all saw the it coming. Once again: A Enforcement Hush Shots Out.*
Liz
*The TTC Has No Sense Of Humour
Damien Fox says:
“Trademark law is such that if they do not defend their trademark at every oportunity, they risk losing it.”
Not true, Frac. Look at the TM Act, + CDN caselaw, before making these comments.
Tanja says:
Apparently, despite all the financial troubles, they’ve still got time on their hands for such pettiness.
TTC Threatens Blogger Over Anagram Map
Rajio says:
You have the support of the Toronto online publishing community Johnny - if this escelates be sure to post it loud and proud and we’ll all follow suit
The Public transit system is just that - public. the TTC map ought to reside in the publc domain as it resides in the public cultural fabric of the city. The TTC wants to increase ridership and closing itself off from being a public cultural entity will not help.
fight the power.
Craig says:
Maybe if enough people contact them, they’ll change their tune.
I just sent the following to TTC customer service:
As a loyal advocate and passenger of the TTC Subway system, I was dismayed to discover that the TTC has delivered a cease and desist notice to the website robotjohnny.com for creating an anagram tribute to the TTC Subway map.
While I appreciate that the TTC needs to prevent others from profiting from its copyrighted material, I disagree with the decision to threaten someone who obviously holds the Toronto subway system in high regard and does not seek to profit from the use of TTC copyrighted material.
When I came across the TTC anagram map, I immediately showed it to my co-workers. Their reaction was similar to mine: we puzzled over the real names of the subway stops and swapped stories about riding the TTC subway. We spoke fondly of the TTC, and the anagram map was passed around the office enthusiastically. Rather than diluting the copyright held by the TTC, this map only serves to remind us of our affection for the subway system.
An online rights activist and one-time Torontonian, Cory Doctorow has more to say on this issue at “http://www.boingboing.net/2006/02/25/ toronto_transit_comm.html”. I urge you to take his comments into consideration as well, as I agree with everything he writes in the above web post.
The TTC is a part of the cultural fabric of Toronto and it would be a shame to discourage tributes such as the anagram map, which help to cement the TTC as an essential part of Toronto’s identity.
Andrew Beatty says:
That is such a joke. I cannot believe that a money-losing organization like the TTC, which DEPENDS on tax money to run, has the time to hassel you over this.
Frac says:
“Not true, Frac. Look at the TM Act, + CDN caselaw, before making these comments.”
A IANAL; I did. Did you?
---
Depreciation of goodwill
22. (1) No person shall use a trade-mark registered by another person in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto.
Action in respect thereof
(2) In any action in respect of a use of a trade-mark contrary to subsection (1), the court may decline to order the recovery of damages or profits and may permit the defendant to continue to sell wares marked with the trade-mark that were in his possession or under his control at the time notice was given to him that the owner of the registered trade-mark complained of the use of the trade-mark. [R.S., c.T-10, s.22.]
---
As the action of the court can be based on “the time notice was given to him that the owner of the registered trade-mark complained”, it is very much in the trademark-holders interest to complain immediately when they feel a misuse of the trademark has taken place. Not to do so can reduce their rights and damages recovered.
mongo says:
c’mon people!
escalate NOT escelate
hassle NOT hassel
jeez
Sean Lerner says:
It would be nice to turn this into a backlash against this kind of behavior from powers at the TTC:
http://www.torontoist.com/archives/2006/02/the_people_vs_t.php
beth maher says:
I’m pretty sure that, legally, this could probably be considered parody, especially since you’re not profitting from it.
There really isn’t much reason for tellng you to cease and desist, legally speaking (except for that Corperations are mean bullies, and think they can push people around).
At least according to American trademark and copyright law, which tends to be the universal standard. Canadian law tends to be more vague. Which isn’t terribly helpful, I know… but they’re mostly the same.
Mark Federman says:
IANAL, but AFAIK your original map would be considered “fair dealing” under Canada’s Copyright Act. (Get an opinion from someone like Michael Geist at U Ottawa or Abraham Drassinower at U of T). If so, the TTC’s lawyers can huff and puff, but wouldn’t have a case.
Instead, I would inform CBC’s Metro Morning (actually, I already did), the Toronto Star, and Dose (the Globe may or may not care), to give the TTC what they deserve: embarrassment!
Luc says:
Absolutely disgusting. Shame on the TTC. What the fuck is wrong with this world??? I absolutely hate the way Big Co’s are abusing copyright and what it was originally meant to do and be, and pushing their weight around like bullies. Christ on a stick. As we all know, there is NOTHING wrong with a harmless take on their stupid retard dumbass map.
Remember this one:
Q: What does TTC stand for?
A: Take The Car
(Will I get served for saying that?
Pseudo Nym says:
Who said anything about trademark law (if the rest of the letter refers to trademark law, then as Cory points out they are smoking crack)? The only legal issue here is copyright, and as Federman points out, the legal issue is whether your use of their map would be considered fair dealing:
http://en.wikipedia.org/wiki/Fair_Dealing
But the larger issue is why the TTC would attempt to shut you down for activity that at worst would publicize the TTC and endear it to Torontonians. Positively assinine and juvenile on their part.
There’s no harm here, people - move along.
bart Simpson says:
i think your a sick wining baby
if you dont own it to mess with it
i didnt see any humor in your sick little map, just signs of a lazy unemployed bum
Sean Lerner says:
A couple of additional notes:
* if you’ve got the energy, put the original anagram map back online and make the TTC fight you in court to remove it. This will draw much more attention to their absurd behavior and increase odds of making it a public relations nightmare
* for Ana and the Madras map - you can use something like an anagram finder (lazy scrabble players use them) - here’s an English one.
I’m guessing you’d be looking for a Spanish version
Wrist Castle says:
A Rocket By Any Other Name…
Nice one, Jan van der Voort.
shoelover says:
Damn you RobotJohnny! I was using your map, thinking it was the official TTC map and I got lost as I was looking for yonge and bloor but could only find “only booger”.
You are a dangerous man and must be stopped.
Shoelover
Mad_Doktor says:
It’s too bad the TTC took it that way. However, by trying to shut you down, TTC only helps you gain even more publicity. Hooray for the anagram map! I hope it spreads like wildfire! =)
Robin Rix says:
I’m surprised to hear that the TTC is taking this approach, seeing that they were willing to grant permission to recent parodies involving Guinness beer ("You’re never far from a Guinness") and Staples/Business Depot. As a lawyer, I won’t try to predict the outcome, but I’m curious to know whether their position would stand up in court. There can be a big difference between a lawyer’s letter and a court judgement…
Brian Salter says:
Although I’m pretty sure the pundits at TTC simply HAD to take steps to protect their trademark etc., just as a matter of course (they mean no harm, poor babies, I really enjoyed your map.
Please accept this email as a token of my appreciation. (Ha!)
Martino says:
We own the TTC. They do not own us. Sheesh.
Uhclem says:
Perhaps we need to remember that “Toronto Transit Commission” is just an anagram for “narcissist moron into motto”?
G. Elliott says:
The TTC and the laywers involved in this silly cease-and-desist order are, in my opinion, poopieheads. I base this statement on their actions as described above. So sue me.
Ha!
Chad Thomas says:
Your map looks great (the style and colours). Maybe you should invite the TTC to make an offer; their map needs makeover.
alrvman says:
Just goes to show where the real money goes!!!
Please TTC find ways of building and running the buses cheaper.
Take the cost out of the managements hide.
Luc says:
Hey, The saddest part of this (not sure if someone else picked up on this point) is that they probably paid a Lawyer to write that email to RobotJohny.... not a huge expenditure I’m sure but regardless, its use of our money to fight against something created by the people that pay for the services..... Why not put more money into the ST. Clair streetcar issue (when it was happening) vs. this useless crap…
RobotJohnny, I’d almost recommend you repost is… perhaps talk to a lawyer first but if there is any way you can re-post do it!
We take shit from the TTC every day of every year… its time that take a bit back!
Kevin says:
From my understanding of satire within the law, if you’re poking fun at something you’re free to use any marks you like. This strikes me as a straight-up satire of a cultural landmark, and should be allowed to stand as it is.
I’m not a lawyer, though, and I’m sure the TTC has some good ones, so I guess it’s in your best interest to remove it. Sad, though.
Qrystal says:
I bet the TTC people DID send the map around the office, laughing and joking like the rest of us, but it took just one person to think that “something should be done about this”—then boom, silliness.
dixon says: