Protect & Serve

New York City Police Department

The tragedy of September 11 put the New York City Police Department on the world stage. Their bravery made them national heroes. And wearing NYPD merchandise — hats, t-shirts and jackets — was how the country demonstrated its support. Unfortunately for the New York Police Foundation, a not-for-profit charitable foundation dedicated to raising funds for New York's finest, the merchandise was largely counterfeit. Proceeds from sales were lining the pockets of the counterfeiters and profiteers, and not reaching the NYPD. The Foundation turned to the attorneys at Sullivan & Worcester for help. Working closely with the Foundation, the City of New York, and professional licensing agents we brought in, Sullivan & Worcester lawyers developed the first worldwide, commercially successful municipal licensing program in the United States. We began by filing trademark registrations for key assets, including the NYPD name and the shield. We then developed a worldwide intellectual property enforcement program to identify and eliminate sources that were merchandising the department's intellectual property without permission.

In addition to targeting counterfeiters, Sullivan & Worcester lawyers were instrumental in developing a sophisticated, worldwide licensing program, by which the Foundation would receive royalties from the sale of licensed NYPD merchandise, and see to it that those royalties went directly to the NYPD, where they would be sure to be put to the best use. In the process, we also created a prototype for municipal licensing programs around the country — ones that provide a source of income for Foundations separate from municipal budgetary constraints, giving those Foundations the flexibility to use the money where it will do the most good.

In the end, we protected the New York City Police Department's intellectual property and ensured that the NYPD and its officers, not counterfeiters, reaped the financial awards to which they were entitled. Justice was served.