The New York City Department of Transportation has issued a cease-and-desist letter to the developer of WalkNYC, a free app that tracks block-by-block walking routes, demanding that the application adopt a new name and branding due to trademark conflicts with the city’s official wayfinding program. Sent on July 20, the letter asserts that the app’s branding and colors are nearly identical to the city-owned program, causing potential confusion for residents and visitors alike.
Trademark Protection and City Wayfinding Programs
According to the U.S. Patent and Trademark Office, the New York City government secured federal trademark registration for WalkNYC in 2014. A decade later, the Department of Transportation renewed that registration for another ten-year term. This registration grants the city exclusive rights to use the WalkNYC name and prevent unauthorized third parties from utilizing identical or similar branding for related services.
The city’s official WalkNYC initiative utilizes maps and directional signage positioned on sidewalks, near Citi Bike docks, and inside subway stations to assist pedestrians, transit riders, and cyclists. Department of Transportation spokesperson Vincent Barone stated that while the agency appreciates residents exploring the walkable city, app developers cannot use trademarked city branding without explicit permission.
Developer Response and Public Appeal
Following the receipt of the cease-and-desist letter, developer Joe Puccio added an informational banner to the top of the application. The banner instructs users that the city department sent a cease-and-desist notice and directs them to an online form where they can explain why they utilize the application. Puccio indicated an intent to share these user support letters with the transportation agency.
“Like the DOT, I want to support the walkers of this city, and I’m hopeful we can work something out with them given that shared goal,” the form states, according to app materials. Puccio launched the walking application in May on the App Store, where it logs city blocks walked, highlights routes in green on a digital map, and provides users with statistics regarding mileage and time spent strolling.
Did You Know? When he launched the app, developer Joe Puccio told news outlets he wanted to walk every block in Manhattan and described the product as his “little love letter” to New York City.
Legal Perspectives on Trademark Disputes
Stacy Grossman, founder of the intellectual property firm SGIP who is not involved in the matter, noted that both the application and the city program feature similar appearances and incorporate a “walking man” icon, supporting the argument for potential consumer confusion.
However, Tracy Jong, a senior attorney at Evans Fox LLP specializing in intellectual property, indicated that an agreement remains possible. Jong suggested that both parties could establish mutually acceptable terms, such as replacing the walking figure with a pedometer icon or including a clear disclaimer stating the app has no affiliation with the City of New York.
Frequently Asked Questions
What is the WalkNYC app?
The WalkNYC app is a free application launched on the App Store in May that logs city blocks walked by users, marks routes in green on a digital map, tracks mileage and time, and features a leaderboard.
Why did the Department of Transportation issue a cease-and-desist letter?
The department issued the letter because the app shares the exact name and nearly identical branding and colors as the city’s trademarked WalkNYC wayfinding program, which officials state causes confusion for locals and visitors.
What does the Department of Transportation want the developer to do?
The agency wants the developer to stop using the WalkNYC branding, disable the current website and app, remove promotional materials, and return with a new name and branding.
? How do you think local mobile applications and municipal agencies should balance shared urban-exploration goals with trademark protection?
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