The judge found in favor of the plaintiff. The judge held that 15 U.S.C. §1052 does not bar the registration of trademarks of departments or agencies within a government, in fact many marks used by other municipal agencies have been registered as trademarks. The similar elements shared by the NYPD shield (reproduced above) and the New York City official seal, does not elevate the NYPD shield to an insignia of a municipality for the purpose of 15 U.S.C. §1052. The defendant asserted that consumers knew the NYPD and FDNY trademarks were being used as decorations rather than trademarks because the store had disclaimer signs around the store. The judge found that the signs actually indicated the defendant knew it was capitalizing on the goodwill of the plaintiff’s trademark and there was a strong likelihood of consumer confusion. The judge left the issue of damages to be determined at trial.