Empire State Development, the New York State agency devoted to promoting New York businesses, threatened the (extremely excellent) Everyman Espresso shop with a lawsuit because they used an “I [Coffee Cup] New York” logo (the logo appears on the knuckles of Sam Penix, who co-owns Everyman). After Everyman took the sign down, Empire State Development’s lawyers demanded “an accounting of all gross revenues generated during the period when the I ♥ NY® Trademark was used” so that they could figure out how big a bill to send to a small New York business for using it.
“Basically, it’s extortion,” he said. “It’s also ironic because we are being threatened by the entity that has vowed to grow our New York business.”
The mission of Empire State Development, the department’s parent agency, is indeed “to promote a vigorous and growing economy, encourage the creation of new job and economic opportunities, increase revenues to the State and its municipalities, and achieve stable and diversified local economies.” Empire State Development is also home to the state tourism department, which started an effort last year to revive and reinvent its “I ♥ NY” campaign.
On Monday, Everyman slapped a “Censored” sign over the logo on the door of its second shop, on West Broadway in SoHo, which opened last summer. Everyman’s principals are complying with Ms. Neumann’s request, albeit under protest. “We just think there’s no likelihood of confusion,” Mr. Terrana said.
A Cup Is at the Heart of a Trademark Dispute