On September 18, Nassau BOCES had their attorney, Thomas M. Volz, send us a cease-and-desist letter over our September 9 article. Below is our point-by-point response. We’re publishing it openly, because taxpayer-funded legal threats deserve taxpayer-funded sunlight.
Volz Letter:
“The Nassau BOCES logo is protected and proprietary. You failed to seek or obtain permission to use it and, as such, use is not authorized.”
Response:
This is laughable. Nassau BOCES is a public agency, funded entirely by taxpayers. Your logo is not Nike’s swoosh or Apple’s bitten fruit. It is a government identifier, created with public dollars, for the public’s recognition. Calling it “proprietary” is absurd corporate cosplay.
Volz Letter:
“Specifically, use of that logo… is a violation of Nassau BOCES’ trademark and tradename rights.”
Response:
If you truly had a trademark, you’d cite the registration number. You didn’t, because you can’t. At best, you’re waving around vague “common law” rights that don’t apply to a government entity not engaged in commerce. A tradename? Sure, Nassau BOCES is called Nassau BOCES. That’s not up for debate. But pretending your logo is a proprietary corporate asset is hollow bluster.
Volz Letter:
“Failure to do so will result in legal action against Jericho Voice and those individuals associated with Jericho Voice…”
Response:
This is boilerplate saber-rattling. Let’s be clear: there’s no confusion here, no misrepresentation, no commercial use. The First Amendment protects commentary and journalism. Threatening parents and taxpayers for discussing a taxpayer-funded agency is not just flimsy law, it’s intimidation.
Volz Letter:
“Please be advised, Nassau BOCES expects to see its logo removed… and will be monitoring your publication…”
Response:
Translation: taxpayer money will now be spent monitoring local parents’ blogs. We blurred the logo to prove a point: not because you had a case, but because your letter was so insecure it practically begged for ridicule.
Volz Letter:
“You are advised to forward this letter to your attorney and your insurance carrier.”
Response:
We suggest you take your own advice. Put your insurance carrier on notice. Because if Nassau BOCES decides to waste taxpayer money dragging parents into court over a blurred logo, we will counter-sue. New York’s anti-SLAPP law and the First Amendment are not on your side. If you file, you open yourselves up to damages and attorneys’ fees, and the spectacle of a public agency suing taxpayers for pointing out the truth.
Closing
Nassau BOCES and Mr. Volz: stop wasting taxpayer money playing logo police. Start doing what the public actually expects — transparency, accountability, and answers about where the money goes.
We’ll keep asking the questions. We’ll keep publishing the truth. And if you’re reckless enough to file, we’ll see you in court and we’ll happily forward your case to your insurance carrier.
Signed,
Jericho Voice
