Legal Question in Business Law in New York

Re: Obtaining a sign permit with a registered trademark

You present a very interesting issue. Given the limited facts you have provided, it sounds as if you can raise a claim under federal statute 42 U.S.C. 1983 (civil rights law) which affords your client (the bank) equal protection under the law. It can be argued that if this review board granted applications to similarly situated applicants without requiring them to alter their trademark colors, they cannot demand that your client do so. This statute is a very powerful weapon with which to force the review board to "sit up straight." It is powerful because it enables a claimant, such as your client to (a) sue them in federal court, (b) to recover all costs and attorney fees, as expressly provided for under the statute, and (c) it enables the bank to sue not only the village, town, or board, but also to sue each and every participating member personally. Because of these factors, if an applicant has an attorney who understands 42 U.S.C. 1983 and raises these issues before they board they

rountinely "back off" from any attitute problems very quickly. If you or your client would like to discuss this matter further, you may contact me directly for a free consultation.

Andrew J. Campanelli

Perry & Campanelli, LLP.

www.perrycamp.com