FDNY taking on small shop in trademark fight

After 15 years in business, Noam Freedman, owner of "The Firestore" on Lafayette Street might have to extinguish his flame.

On Aug. 1 New York City filed a lawsuit against the fire shop for illegally selling caps, T-shirts, decals and collectibles featuring the city-owned trademark, FDNY. The city demands that he turn in his profits and close his doors.

But Freedman is putting up a fight.

"Prior to our decision to open this shop, I checked for active trademarks, and there was nothing on file," says Freedman, 43. "We called the Fire Department and were told that there was no licensing program. They told us it was a nice idea and good luck."

Freedman and his family opened their doors for business in March 1991 and prospered - until post-9/11, when the emblems became a hot commodity and the city opened up a store called The Fire Zone in Rockefeller Plaza.

"Their clothing designs were a direct knock-off of ours," says Freedman. "Every item they made was a direct copy of one of our designs."

That’s when the city implemented a licensing program, and in 2002, they approached Mr. Freedman to reach an agreement, but nothing transpired until three years later when the lawsuit was filed.

"The city started licensing FDNY products only after 9/11," Freedman says. "We started, with the city’s knowledge, in March of ‘91, and now, 14 1/2 years later, they are suing us and trying to make us an example."

Attorney Katherine Winningham, of the city’s Legal Counsel Division, maintains that "New York City is protecting its trademarks in an effort to generate revenue for the city without raising taxes."

The city asserts that it has always owned the trademarks and it’s only recently been codified. They claim that Mr. Freedman is not only illegally using the city label, but that he is also profiting from a reputation that he did not work to build.

"Any merchant who knowingly sells illegally trademarked FDNY merchandise is choosing to profit at the expense of the city’s firefighters," Winningham says.

All of the money that Freedman’s "Firestore" makes goes into his pocket, says the city, and not where it should go - back into the hands of New York City residents.

"The fire department’s hard-earned reputation was for putting out fires," argues Freedman, "and our hardearned reputation was for providing quality products, designs and service for the past 15 years."

Although the case is still pending, and the city hopes to come to an amicable agreement, Freedman feels that his livelihood is threatened.

"We aren’t contesting their rights to use marks, but we deserve fair treatment," Freedman he says. "I don’t understand the bully tactics here, instead of just treating us like human beings."