Copywriting advertising phrases Arkansas

This article discusses copywrite laws as they pertain to advertising slogans. The article talks about copywriting names, phrases, and slogans.

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McMahon Lucky Atty
(479) 750-7717
3291 S Thompson St
Springdale, AR
Deprow Grant C Atty
(870) 935-2400
1901 E Nettleton Ave
Jonesboro, AR
Sexton Mark Atty
(501) 374-1300
701 W 7th St
Little Rock, AR
Mazzanti Joseph P Atty III
(870) 265-2560
111 N Court St
Lake Village, AR
Broadaway & Broadaway
(870) 236-9800
924 W Court St
Paragould, AR
Camp Charles R Atty
(501) 680-1166
Little Rock, AR
Crockett C Richard Atty
(501) 378-7700
515 Rock St
Little Rock, AR
Knollmeyer Law Firm
(479) 967-3002
214 S Denver Ave
Russellville, AR
Pickell J Slocum Atty
(870) 534-0224
2300 W 29th Ave
Pine Bluff, AR
Carson Douglas M Atty
(479) 782-0361
58 S 6th St
Fort Smith, AR

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QUESTION:

A competitor claims that it has applied for and received a copyright on its entire Internet newsletter. The text includes the phrase "You Can Do It!" We previously planned to use those same words, for the same promotional reasons. How can we discover whether the competitor has properly obtained a copyright? Is that phrase subject to copyright protection?

ANSWER:

Copyright protects an author's expression; trademark protects names, phrases, and slogans used to promote and identify goods and services in the marketplace. Your competitor may have registered the newsletter with the U.S. Copyright Office, but the copyright alone is not likely to protect the phrase "You Can Do It." Copyright law does not protect short phrases.

The phrase may be protected as a trademark if it qualifies for protection. This includes registration with the U.S. Patent and Trademark Office (USPTO). Assuming neither of you have registered the trademark, any dispute over the trademark rights would likely be resolved in favor of whoever used it first in commerce.

One problem. Some common slogans are not immediately registerable and the USPTO may require that you demonstrate that you meet certain standards before registration. For example, you may have to demonstrate widespread use of the slogan as a trademark or that consumers associate you with the slogan. We suggest that you search for the exact phrase on the Internet, as well as at the USPTO website (www.uspto.gov).


Author: Nolo Press

Copyright 2008 Nolo
For more information visit Nolo Press
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