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Copywriting advertising phrases Georgia

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

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Smith Boone Atty
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McAlpin James J Jr Atty
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Dallas Albert Buddy Atty
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Shook Mitchell L Atty
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Rigrish Robert Atty
(404) 351-1615
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Tourial Jennifer B Atty
(404) 817-8500
1201 W Peachtree St NW
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Graham T Andrew Atty
(404) 954-5000
230 Peachtree St NW
Atlanta, GA

Corgan Brian G Atty
(404) 815-6217
1100 Peachtree St NE
Atlanta, GA

Butt Eugene D Atty
(770) 786-8123
1148 Washington St SW
Covington, GA

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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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Business Services	Fashion	Industrial Goods & Services	Retail & Consumer Services
Career	Financial Services	Insurance	Software
Cars	Food & Beverage	Internet	Technology
Computer Hardware	Franchise	Legal	Telecommunications
Construction	Health	Miscellaneous	Trade Shows
Education	Holidays	Nightlife	Travel
Entertainment	Home Appliances	Online Database	Weddings
Environmental	Home Electronics	Pets	World History